Property Theory and Rights LAW4201
- Academic Session: 2026-27
- School: School of Law
- Credits: 20
- Level: Level 4 (SCQF level 10)
- Typically Offered: Semester 2
- Available to Visiting Students: Yes
- Collaborative Online International Learning: No
- Curriculum For Life: No
Short Description
The course will cover major contemporary property theories, ranging from liberal to feminist, Critical Race Theory and Law & economics approaches. It will also discuss controversial property law cases (from the property of body parts to issues concerning expropriation and right to roam) and invite the students to discuss them through the lenses of the theories covered during the course
Timetable
There will be 10 x 2-hour seminars spread throughout semester 2.
Requirements of Entry
This course is only available to LLB students.
Excluded Courses
none
Co-requisites
None
Assessment
The assessment is made of two components:
20% of a formative essay (1000 words)
80% will be a two-hour exam during the April-May diet (max 2000 words). Two questions on different seminars covered in the course
Main Assessment In: April/May
Course Aims
The aim of the course is to invite the students to reflect and understand the legal concept of property right and to understand how this is reflected, theoretically, in our conceptions of the legal order and, practically, how it is used by courts in decisions on property rights
Further aims are:
■ Introduce the students to the most controversial and debated contemporary conceptions of property theory
■ To develop awareness of the comparative dimension of property theory and rights
■ to give the students an opportunity to undertake independent research on topics of current relevance and interest
Intended Learning Outcomes of Course
By the end of this course students will be able to:
Critically engage with different conceptions of property
Capacity of reading complex and sophisticated texts of property law scholarship and case law
Analyse legal reasoning of judicial decisions concerning property rights
Develop normative arguments to argue in favour of one conception of property law