1369 The Rule of Reason in Property Law Joseph William Singer * TABLE OF CONTENTS I. RULES AND STANDARDS .......................................................... 1375 A. Conventional Analysis ..................................................... 1375 B. Legal Realism About Rules and Standards in Property Law ................................................................................. 1380 1. Why Rules Are Less Predictable than We Think ..... 1380 a. Informal Sources of Justified Expectations............ 1380 b. Rules Do Not Determine Their Own Scope ........... 1383 c. Competing Norms Limit the Scope of Legal Rules .. 1385 * Copyright © 2013 Joseph William Singer. Bussey Professor of Law, Harvard Law School. Thanks and affection go to Martha Minow, Mira Singer, Lila Singer, Greg Alexander, Jane Baron, Bethany Berger, Eric Claeys, Hanoch Dagan, Nestor Davidson, Annie Decker, Rashmi Dyal-Chand, Mark Edwards, Kent Greenfield, Michael Kenneally, Gil Lan, Daphna Lewinsohn-Zamir, John Lovett, Hari Osofsky, Eduardo Peñalver, Stewart Sterk, Laura Underkuffler, André van der Walt, and Johan van der Walt. I would also like to thank all the participants in the Progressive Property Conference held at Harvard Law School in May 2012 and the Property Works in Progress Conference held at Fordham Law School also in May 2012.
The Rule of Reason in Property Law
Jul 05, 2023
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