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117It is controversial what needs to be proved in order to benefit from the presumption of resulting trusts, whether all resulting trusts arise by operation of law, and whether resulting trusts are restitutionary or not. The author shows that a claimant need not prove an absence of consideration before benefitting from the presumption, and argues that, whilst presumed resulting trusts respond to intention, they arise by operation of law. Finally, the author argues that one argument for a restitutio…Read more
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112Voluntary Obligations and the Scope of the Law of ContractLegal Theory 2 (4): 325-357. 1996.By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in …Read more
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14Intergenerational Justice and the “Hereditary Principle”Law and Ethics of Human Rights 8 (2): 195-217. 2014.
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11If one examines the structure of trust doctrine to consider the question, “What sort of knowledge and understanding does a trusts lawyer have?”, it is proposed that the most telling analogy is with the kind of knowledge and understanding that a practitioner of a ‘special science’ like civil engineering has. A trust is a facilitative device that subjects of the law can use to create structures of beneficial property interests, and the law is shaped around the creative structures that have been fo…Read more
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10Intergenerational Justice and the “Hereditary Principle”The Law and Ethics of Human Rights 8 (2). 2014.
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9Property, Community, and the Problem of Distributive JusticeTheoretical Inquiries in Law 10 (1): 193-216. 2009.While it is often taken for granted that the concepts of property and of distributive justice are capable of working together to generate norms which can enhance positive social and political relations, in particular the value of community, this Article argues otherwise. Relying on critical tools deriving from Hegel’s Philosophy of Right and Marx’s notion of fetishism, the author claims that the Rawlsian conception of distributive justice fetishizes the institution of property, and claims to "di…Read more
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8Criticism of Dagan's pragmatic concept of property forms.
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8A critical survey of the evolution of property rights debate, focusing in particular on recent work by Krier.
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4Margaret Jane Radin, Contested Commodities Reviewed byPhilosophy in Review 17 (3): 206-208. 1997.
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3Ownership, co-ownership, and the justification of property rightsIn James W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris, Oxford University Press. 2006.
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1Jerry L. Mashaw, Greed, Chaos, and Governance: Using Public Choice to Improve Public Law Reviewed byPhilosophy in Review 18 (2): 125-127. 1998.
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Cognitive Science, Legal Theory and the Inateness of Moral ConceptsFaculty of Law, University of Toronto. 1997.
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Legal reasoning and the authority of lawIn Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.), Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz, Oxford University Press. pp. 71--97. 2003.
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Misled by PropertyCanadian Journal of Law and Jurisprudence 18 (1). 2005.It is not untypical for arguments about the justice of taxation to be framed in the rhetoric of property, for example by equating taxation with the taking of property by the state, a form of expropriation. An important recent example is found in Murphy and Nagel's book, The Myth of Ownership: Taxes and Justice. In this paper the author argues that the equation of taxation with expropriation is conceptually awry, and that, properly understood, justifications for property rights bear only tangenti…Read more
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Philosophical Foundations of the Law of Unjust Enrichment (edited book)Oxford University Press. 2009.