Keeping It Private: The Impossibility of Abandoning Ownership and the Horror Vacui of the Common Law of Property

  • Konstanze von Schütz

Private Law Fellow at Yale Law School’s Center for the Study of Private Law and SJD candidate at the Faculty of Law, University of Toronto. I wish to thank Jean-Christophe Bédard Rubin, Christopher Campbell-Duruflé, Dave Fagundes, Craig Foye, Bruce Huber, Larissa Katz, John Lovett, Arthur Ripstein, Lionel Smith, and Bianca Waked, the participants of the section on “Private Law” at the 8th Annual Conference of the Younger Comparativists Committee of the American Society of Comparative Law (ASCL-YCC) at McGill University, and of the panel on “Property Institutions” at the Association for Law, Property, and Society (ALPS)’s 10th Annual Meeting at the University of Syracuse, as well as three anonymous reviewers and the editors of the McGill Law Journal for their very helpful questions, comments, and suggestions on earlier versions of this article. As it is impossible to abandon my responsibility for any remaining errors and inaccuracies, I continue assuming it for all of them.

Citation: (2021) 66:4 McGill LJ 721

Référence : (2021) 66:4 RD McGill 721

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Cover of Volume 66, Number 4, June 2021, pp. 603-775, McGill Law Journal / Revue de droit de McGill