The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches – creating new ideal types and synthesizing existing ones – that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.
Law | Property Law and Real Estate | Public Law and Legal Theory
Center for Law and Economic Studies
The Dynamic Analytics of Property Law,
Theoretical Inquiries in Law, Vol. 2, p. 79, 2001
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1375