Advanced Property and Trusts

The course explores the foundations of property and trusts. It also explores practical developments in property and trusts law going beyond the topics typically explored in core or undergraduate courses. The course combines conceptual and functional analysis of doctrine with more abstract theoretical enquiry. The teaching practice introduces and makes use of a range of ideas and techniques, including formal analysis of rights and the application of economic perspectives, and it draws on comparative and jurisprudential analyses, as well as history and moral and political philosophy. The course thus gives students an opportunity to study some fundamental institutions of our private law, joining the techniques of jurisprudence with the social sciences and humanities. It gives fresh insights into questions arising from undergraduate studies, broadens the knowledge of those planning to go into or return to practice, and equips those thinking of further graduate study with valuable analytical tools.

Some knowledge of the legal details of property in one or other legal system will be essential for students taking the course; a knowledge of trusts and equity jurisprudence is desirable but not essential. Much use will be made of English law and other common law systems, but we will also draw upon civilian and civilian-derived legal systems in our explorations. Students will be exposed to the widest possible range of research and teaching in property law and trusts drawing on visiting scholars as well as Oxford faculty. The topics discussed are all ripe for exploration as areas of future research.

The option will be assessed by a submission (coursework) at the end of the course. Candidates will be required to answer three essay questions from a wide choice of topics, which may cut across themes covered in the course. Candidates will be expected to show a detailed knowledge of relevant theoretical debates and also applicable legal materials, including judgments in cases, and statutory and constitutional provisions. They will also need to display an ability to synthesise complex materials and to present their own analyses of the arguments.