Sheehan, D orcid.org/0000-0001-9605-0667 (2022) Express Trusts, Private Law Theory, and Legal Concepts. Canadian Journal of Law and Jurisprudence, 35 (2). pp. 511-536. ISSN 0841-8209
Abstract
This paper explores Peter Jaffey’s views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both proprietary and personal rights, in the end his theory is ahistorical and unDworkinian, despite his acceptance of a view of law based on Dworkin. His theory is also based on implausible views of the role of equity post-Judicature Acts and the ownership of value and does not adequately fit how trusts law works.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s), 2022. This article is published in a revised form in Canadian Journal of Law and Jurisprudence https://doi.org/10.1017/cjlj.2022.11. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. This item is protected by copyright. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 02 Aug 2021 15:04 |
Last Modified: | 04 Aug 2022 15:51 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/cjlj.2022.11 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:176576 |