An Expressive Theory of Possession

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

Introduction
I. The Possession Puzzle
II. 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 Academy
III. 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 2
I. 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