Switch to: References

Add citations

You must login to add citations.
  1. Property and the Interests of Things: The Case of the Donative Trust.Johanna Jacques - 2019 - Law and Critique 30 (2):201-220.
    Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person and thing. It analyses (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Law, ‘Ought’, and ‘Can’.Frederick Wilmot-Smith - 2023 - Ethics 133 (4):529-557.
    It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.
    Download  
     
    Export citation  
     
    Bookmark   1 citation