LAU40018 PROPERTY LAW AND THEORY

Learning Outcomes

Having successfully completed this module, students should be able to:

• Demonstrate specialised, self-directed knowledge of an area of law through examination of a ‘real-life’ legal research problem or a theme within a research group.
• Collaborate with peers and act in leadership roles.
• Constructively evaluate the work of others.
• Synthesise and evaluate a variety of legal research methods, legal sources, findings and analysis.
• Critically analyse an area of law through independent research.
• Consult with and respond to the needs of research users.
• Effectively communicate research findings.

Module Content

Property law shapes our everyday lives and interactions in a way which we often take for granted. Not only does property law tell us where we can be, what we can do while we are there, and how long we can be there for, it also shapes relationships between individuals, between individuals and the state, and between communities. In this strand, students will have the option of exploring in greater depth the ways in which property law matters for these relationships. Topics which will be available in this strand range from the theoretical to the doctrinal, from the historic to the present day, and from studies limited to one jurisdiction to those which are comparative in nature.

Suggested topics include:

• The Nature of Property’s Relationships: Covers debates about whether property is the law-of-things or whether it is about interpersonal relationships; as well as examining how property law structures relationships on multiple levels.
• Property and Corporate Law: To what extent are corporations property? Are shares property? Are shareholders owners? This sub-topic is for students who wish to explore how property law has or has not shaped corporate law. Other topics could include to what extent corporations should be able to access the property protections seen in human rights and constitutional rights documents.
• Property and Housing: Explore the right to home, the right to housing, and how property law matters for homeless people. Students could also explore landlord and tenant law. (Note: Students may not write on this topic if they are planning on taking Housing Law and Rights in Context.)
• Alternatives to Individual Private Property: Individual private property dominates theoretical accounts of property but to what extent does this reflect the totality of property? Is private property conceptually prior? What are the alternatives and how should we understand them?
• The Appropriate Level of Protections for Property: How is property protected and should it be protected? Students could explore whether and why property is (or is not) constitutionally protected, or protected as a human right.
• Adverse Possession and Property Law: Several jurisdictions around the world have abolished adverse possession; students could explore whether this is a desirable goal from a theoretical perspective or examine if it is incompatible with title registration.
• Defining ‘Property’: Just what is ‘property’ anyway? What do we mean by ownership? Here students could interrogate theoretical accounts, doctrine, or both to grapple with what ownership means, and if ownership actually exists at all.
• Doctrinal Issues and Errors: Is the actual law of property fit for purpose? Here students could re-examine a land law or other property law doctrine previously studied and ask whether it needs reform and if so, how.

Students are also welcome to suggest their own topics or sub-topics, in addition to those listed above. Students should contact the strand leader to pick a topic and/or discuss topics beyond those listed.

Assessment Details

• Individual Project: 85%
• Group Presentation: 15%
• Reflective Journal: Pass/Fail
• Participation: Pass/Fail