A Research Agenda for Property Law

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A Research Agenda for Property Law

9781803924809 Edward Elgar Publishing
Edited by Bram Akkermans, Professor of Property Law, Department of Private Law, Maastricht University, the Netherlands
Publication Date: May 2024 ISBN: 978 1 80392 480 9 Extent: 286 pp
Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.

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Critical Acclaim
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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.

Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.

Multidisciplinary in scope, A Research Agenda for Property Law analyses various subfields including property theory and constitutional property law, presenting key insights into the role of property law in society. Contributing authors critically assess the internal and external challenges currently facing property law, such as the development of disruptive technologies, globalisation and the energy transition, and highlight the pressing need to accommodate them. Ultimately, it offers a way forward for future research in the coming decade to address these issues.

This prescient Research Agenda is a fundamental resource for scholars and students of commercial law and property law. Its practical implications and recommendations for future research will also be beneficial to legal practitioners and policymakers at the local, national and international level.
Critical Acclaim
‘Professor Akkermans has assembled a brilliant and diverse cast of legal minds whose fascinating and compelling analyses of the contemporary challenges of property law raise hard and urgent questions that stretch beyond the discipline of law. The fundamental complexity and enduring relevance of the field is apparent throughout the collection and open a much-needed space for rethinking and innovating property law.’
– Nicole Graham, The University of Sydney, Australia

‘Over the last thirty years, new ideas and dramatic changes in governance, the environment, and technology have challenged traditional conceptions of property law. A Research Agenda for Property Law, edited by Bram Akkermans, will serve as an indispensable introduction to many of these challenges. With chapters authored by leading scholars from countries around the world and drawing on insights from fields as diverse as economics, philosophy and geography, A Research Agenda for Property Law will guide practicing lawyers, law students, emerging scholars, and experienced scholars through the most innovative developments in property law scholarship today. This book is a feast of ideas for any one interested in where property law scholarship has been and where it is going.’
– John A. Lovett, Louisiana State University, US

‘A Research Agenda for Property Law is a timely, thought-provoking collection of contributions spanning a range of theoretical perspectives in property and canvassing critical current and future problems. The book at once introduces the reader to those perspectives and pushes the boundaries of those perspectives in light of pressing challenges, making it insightful for established scholars in the field, newcomers, and students alike.’
– Rachael Walsh, Trinity College Dublin, Ireland

‘In this carefully composed collection of works, Akkermans offers an innovative groundwork for property discussions. The Research Agenda ties together common themes from an analysis of sub fields to reimagine such fields as well as broader theoretical notions of property and its place in shaping societies, responding to pressures, and underscoring developments.’
– Sue-Mari Viljoen, University of the Western Cape, South Africa
Contributors
Contributors include: Bram Akkermans, Alexander Appelmans, Sakshi Aravind, Yun-chien Chang, Lorna Fox O’Mahony, Björn Hoops, Amnon Lehavi, Marc L. Roark, Vincent Sagaert, Jessica A. Shoemaker, Víðir Smári Petersen, Henry E. Smith, Elsabé van der Sijde, Benjamin Verheye
Contents
Contents:

1 Introduction to Property Law 1
Bram Akkermans
2 Property and Empirical Comparative Legal Studies 5
Yun-chien Chang
3 Property Theory 21
Amnon Lehavi
4 Constitutional Property Law 39
Ví›ir Smári Petersen
5 Property Law and Economics 55
Henry E. Smith
6 Resilient Property Theory 75
Lorna Fox O’Mahony and Marc L Roark
7 Scaling Property Law 89
Marc L. Roark and Lorna Fox O’Mahony
8 A Research Agenda for Property Law Reform 105
Vincent Sagaert
9 Papering Over Place: When Land Becomes Asset Class 121
Jessica A. Shoemaker
10 Property and the Energy Transition 137
Björn Hoops
11 Sustainable Property Law 153
Bram Akkermans
12 Property and Regulation: Responding to Global
Challenges 169
Elsabé van der Sijde
13 Digital Goods in Property Law 191
Alexander Applemans and Benjamin Verheye
14 Digital Owners in Property Law 215
Alexander Appelmans and Benjamin Verheye
15 Rethinking Property Law through Plural Sovereignties 235
Sakshi Aravind
16 Towards a Research Agenda for Property Law 253
Bram Akkermans
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