The aim is to begin with a 'blank slate': an imaginary state which has yet to develop a system for regulating humans' relationship with land. It will begin by setting out what features we might look for in an ideal system of land-holding, noting where these features may conflict. The book will then appraise the extent to which the solutions English Law has adopted adhere (or not) to these ideals. Thus, whilst covering similar territory to existing introductory texts, the focus is broadly reversed: the book will begin with theory - social, economic, etc - and then proceed to examine our positive doctrinal rules (eg registration, formalities, types of interest) by reference to the theories identified. Much has been written - on a very global level - about theories of land use, but this body of literature has not yet truly penetrated domestic Land Law (as opposed to Land Policy) literature.
Key Ideas in Law: Land Law will aim to bring some of that literature into mainstream legal discourse.In adopting this approach, the Key Ideas book will, essentially, be the reverse of the existing Land Law introductory texts: it will begin with theory and then proceed to doctrine. Inevitably for a short introductory book, it will not offer a comprehensive guide to the doctrinal rules, but will endeavour to offer a different way of understanding and appraising the most important doctrinal rules. The objective is that this approach will appeal both the newcomer to Land Law (eg prospective Land Law students, those with a passing interest in Land Law, and also perhaps those interested in the more social/economic aspects of Land use); and also those who are already well-versed in Land law, wanting a fresh way of evaluating/reflecting on our rules (eg students reaching the end of their Land Law studies).
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