Événements prochains

Ateliers de droit civil 2018-2020 - Les influences en droit privé

Sarah Worthington (Université de Cambridge), "The Power of Property in Private Law"

Vendredi 29 mars 2019, 13h00-14h30, salle 202, Nouveau Pavillon Chancellor-Day

Conférence "The Power of Property in Private Law"(En anglais seulement) This lecture will address the reliance that the common law, and equity in particular, place on the idea of property, and in particular what is achieved by that reliance. Of course the practical power of the trust and all that it enables in both commercial and domestic settings is well known. But I want also to move beyond that feature and address the notion that reliance on the idea of property enables difficult policy choices to be injected into judicial decisions in an astonishingly subliminal way. Property law has the reputation for being politically neutral and doctrinally rigorous, with any practical conclusions following from the very nature of things rather than requiring any normative assessment. That view appears flawed. This is an idea I have addressed periodically, but it seems apt to revisit it in the context of this series of lectures.