| Title: |
Entitlements to Things in a Complex World |
| Authors: |
Smith, Henry E |
| Source: |
Oxford Studies in Private Law Theory ; page 203-232 ; ISBN 9780198961192 9780198961208 |
| Publisher Information: |
Oxford University PressOxford |
| Publication Year: |
2025 |
| Description: |
Many commentators have long argued that taking the system of concepts of property law seriously is an outmoded and distorting way of thinking, especially as the world becomes more complex. Legal realism sought to build context into the law, especially in the bundle-of-rights picture of property—a tendency with echoes in current debates over intangibles. Theories tend to partake of this post-Realist “nominalism” or in opposite fashion see property concepts as robust and exogenously given. Distinct from these broad views and in contrast to much current theorizing in property, an “architectural” view of property builds on modern systems theory to account for how property itself as a complex modular system mediates between the micro interactions and macro purposes. |
| Document Type: |
book part |
| Language: |
English |
| ISBN: |
978-0-19-896119-2; 978-0-19-896120-8; 0-19-896119-7; 0-19-896120-0 |
| DOI: |
10.1093/9780198961208.003.0008 |
| Availability: |
https://doi.org/10.1093/9780198961208.003.0008; https://academic.oup.com/book/chapter-pdf/64036676/workid-ukac0045388-book-part-8.pdf |
| Rights: |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
| Accession Number: |
edsbas.347492A4 |
| Database: |
BASE |