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Unit of study_

LAWS5227: Property Theory

2025 unit information

As lawyers we are frequently required to think deeply about the constituent rules of property law. However we seldom pause to consider the more fundamental question: why do we have a system of property law at all? This subject encourages students to think deeply about this fundamental question by critically engaging with some of the most influential accounts of property in the common law and western traditions. Topics covered include natural law and instrumental justifications for property, the analytical nature of private property rights, limitations on the creation of those rights and prominent critiques of the institution of property. Although students must have completed Introduction to Property and Commercial Law and Real Property, this subject is theoretical and contains little to no doctrinal analysis. Whilst the subject matter will appeal to students interested in philosophical disputation, no background in philosophy is expected or required.

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

At the completion of this unit, you should be able to:

  • LO1. Analyse and articulate the arguments for and against systems of private property, including their constituent rules.
  • LO2. Critically evaluate arguments concerning systems of private property in light of relevant scholarship.
  • LO3. Employ research skills to synthesise relevant scholarship and evaluate arguments within property theory.
  • LO4. Demonstrate an ability to effectively communicate about theories of property to both legal and philosophical audiences.

Unit availability

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Session MoA ?  Location Outline ? 
Semester 2 2024
Normal day Camperdown/Darlington, Sydney
Session MoA ?  Location Outline ? 
Semester 2 2025
Normal day Camperdown/Darlington, Sydney
Outline unavailable
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Modes of attendance (MoA)

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