Proceedings of the annual WG Hart workshops held at the Institute of Advanced Legal Studies, University of London, July 1-3, 2002.
Formatted Contents Note
chapter 1 The unbearable lightness of property Alastair Hudson chapter TANGIBLE PROPERTY THEORY English law's desire for the tangible chapter The loss of the right to trace chapter Disposable does not mean transferable chapter THE PROBLEMS OF QUASI-PROPERTY The phenomenon of quasi-property chapter CERTAINTY OF SUBJECT MATTER: A QUESTION OF CONTEXT chapter OTHER FORMS OF CONTROL AS QUASI-PROPERTY Property rights as 'rights' chapter CONCLUSION The question of perception and relativity chapter 2 The (virtue) ethics of private property: a framework and implications David Lametti chapter 3 The relationship between property law and tort law Paula Giliker chapter THE CURRENT APPROACH: HUNTER v CANARY WHARF chapter Case One: Marcic v Thames Water Utilities Ltd chapter Developments in the common law chapter 4 Property and contract: where are we? David Pearce chapter ...but thriving chapter The duty to perform-the courts' approach: the demise of nominal damages chapter Contractual solutions for interference with property rights chapter 5 The Land Registration Act 2002 and the nature of ownership Elizabeth Cooke chapter 6 The reform of property law and the Land Registration Act 2002: a risk assessment Martin Dixon chapter Rights recognised as within s 70(1) LRA 1925 but now omitted from Schedules 1 and 3 LRA 2002 chapter Short legal leases chapter FOUNDATIONAL QUESTIONS IN THE DOCTRINE OF RESTITUTION OF UNJUST ENRICHMENT chapter 7 The taxonomic approach to restitution Steve Hedley chapter 8 The theory of unjust enrichment Peter Jaffey UNJUST ENRICHMENT AND RESTITUTION The principle of unjust enrichment as an underlying principle chapter Illusory justification chapter 9 Property and unjust enrichment: a misunderstood relationship Craig Rotherham chapter 10 Vindicating vindication: Foskett v McKeown reviewed Graham Virgo chapter Theoretical inquiries chapter DEFENDING VINDICATION chapter Unconscionability chapter 11 Restitution of property you do not own anyway Andrew Tettenborn chapter 12 The policy against accumulation and three party cases: Roxborough v Rothmans of Pall Mall A ustralia Simone Degeling chapter PROPERTY AND OBLIGATIONS IN COMMERCIAL TRANSACTIONS chapter 13 On the redundancy of the concept of bailment Gerard McMeel chapter THE OBLIGATIONS DIMENSION The primacy of contract chapter Retention of title chapter 14 Whose molecule is it anyway? Private and social perspectives on intellectual property Sol Picciotto and David Campbell chapter REVENUES: ELASTIC PROPERTY RIGHTS OR REASONABLE REMUNERATION? chapter 15 Simplifying copyright law Jonathan Griff iths chapter The qualitative identification of a 'substantial part' chapter 16 Property rights, international trade and human rights Janet Dine PROPERTY IN INTERNATIONAL HUMAN RIGHTS LAW chapter 17 The company: property, power and responsibility Lisa Whitehouse ABSTRACT chapter 18 Mutuals and co-operatives: property, obligations, business and dedicated assets Ian Snaith THE NATURE OF CO-OPERATIVES AND MUTUALS chapter 19 Rapporteur's overview: between morality and formalism in property, obligations and restitution Alastair Hudson THE CENTRAL CONCEPTUAL QUESTION chapter Talking the language of justice chapter 2 CHEERS FOR CONSCIENCE That equity acts in personam against the defendant's conscience chapter Restitution in company law and family law chapter LAW'S COMMUNITIES.