The relevance of context in property law: a case for judicial restraint?

A distinction between the domestic and commercial context is commonly drawn in property law discourse and has been brought into focus by three recent House of Lords' decisions. The thesis of this paper is that while the distinction is a useful explanatory tool, it runs into difficulties when given legal effect by the courts. There is a definitional problem in understanding what is included within each context. Indeed, the distinction assumes the existence of a dichotomy when, in fact, the domestic and commercial spheres are better seen as a continuum. In Stack v Dowden, the majority of the House of Lords gave legal effect to context and considered that different rules should apply to determine ownership of the home. This paper locates its decision in the broader debate on judicial restraint and creativity. By analogy with current discussion of due deference in public law, it is suggested that, in light of the policy issues involved and the broader ramifications of the decision, insufficient justification was given for the approach adopted by the majority.

Property Law

This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property rights can be used to understand fundamental features of property law and related extra-legal institutions. The chapter will both examine the rationale for legal doctrine and the effects of legal doctrine regarding the exercise, enforcement, and transfer of rights. It will also examine various property rights regimes including open access, private ownership, common property and state property. The guiding questions are: How are property rights established? What explains the variation in the types of property rights? What governs the use and transfer of rights? And, how are property rights enforced?

School law of 1865. An act to establish and maintain a system of free schools, in the state of Illinois, as amended February 16, 1865.

Mode of access: Internet.

Removal of causes from the state to federal courts, an analysis of the law as changed by act of Congress of March 3, 1887. With forms adapted to the law as now of force, and a tabular compendium showing the essentials of jurisdiction by removal.

Mode of access: Internet.

Pocket edition of the United States tariff act as passed by Congress, October 3, 1913 : together with schedule of articles revised to January 1, 1914, with rate of duty and paragraph of law; also customs administrative act as amended by above act /

Cover-title: Pocket edition Vandegrift's digest.

The United States tax law as amended : an act to provide internal revenue to support the government and pay interest on the public debt.

Caption title.

Radiation Protection Management Act of 1982 : hearing before the Subcommittee on Energy, Nuclear Proliferation, and Governmental Processes of the Committee on Governmental Affairs, United States Senate, Ninety-seventh Congress, second session, on S. 2284 ... April 29, 1982.

Bibliography: p. 149-150.

Ogden's revised California real property law /

Kept up to date by pamphlet supplements.