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The Dynamic Analytics of Property Law

Heller, Michael A.

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership.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.

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Title
Theoretical Inquiries in Law

More About This Work

Academic Units
Law
Published Here
October 9, 2015
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