Expressive Theory of Possession

Michael JR Crawford is Lecturer in Law at the University of New South Wales.

• Introduction I. The Possession PuzzleII. Scope of the Book III. Methodological Divergence in Private Law Scholarship IV. Central Arguments V. Chapter Outlines VI. A Note on Nomenclature 1. ‘Exclusion’ and ‘Possession’: An Introduction to Property Rights I. Introduction II. What is a ‘Thing’ and How Do I Get One? III. The Content of a Property Right IV. The Exclusion Model of Property Rights V. The Exclusion Model and Tort VI. Property Limitation Rules VII. Uncoupling ‘Property’ and ‘Possession’ VIII. Conclusion 2. Facts, Rights and Other Things: Laying the Conceptual Foundations I. Introduction II. What is Possession? Some Views from the AcademyIII. Playing Word Games: The Language of Possession IV. Jural and Non-Jural Concepts V. Ownership and Relative Title VI. Conclusion 3. An Expressive Theory of Possession I. Introduction II. What Counts as ‘Possession’? III. The Expressive Theory of Possession IV. Limiting the Vocabulary of Possession V. Do Courts Apply the Expressive Theory? VI. Conclusion 4. The Possession Convention I. Introduction II. Explanations of the Possession Rule III. David Hume’s Theory of Property IV. Conventions V. The Role of Salience in Conventions VI. From Conventions to Norms VII. Conclusion 5. Possession and Fairness I. Introduction II. Hume’s Guillotine and Locke’s Proviso: Epstein’s Partial Defence of the Possession Rule III. Is Possession Fair? IV. The Place of Conventions in the Law V. Conclusion 6. Losing, Finding and the Limits of Possession 2I. Introduction II. The Rules in Outline III. Are these Rules Possessory? IV. Instrumental Justifications V. Are the Rules on Finding Desirable? VI. Navigating the Property Universe VII. Conclusion 7. Theft, Good Faith Purchase and the Limits of Conventions I. Introduction II. Possession and Theft III. Possession and Bona Fide Purchase IV. Conclusion Conclusion