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Osgoode Hall Law Journal

Document Type

Article

Abstract

While the particular nature of property law makes both the undertaking of property scholarship and its assessment difficult Professor Mossman finds that the general question essential to any assessment of legal scholarship remains the same that is, the underlying methodological inquiry. An analysis of three topics in property law - the doctrine of estates in land, landlord and tenant, and matrimonial property - reveals a lack of contextual awareness in the legal writing. If the principles of property law are to be sufficiently dynamic to provide protection for 'new property' claims, legal scholars must develop a critical awareness of the values and choices that underlie the scholarly inquiry.

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