Property's Structural Pluralism: On Autonomy, the Rule of Law, and the Role of Blackstonian Ownership
It is a real privilege for me to participate in the celebration of Thomas Merrill's enormous contribution to the scholarship and jurisprudence on property, which has enhanced our understanding of property, which has enhanced our understanding of property in numerous ways. His work has elucidated the rationale of seemingly puzzling doctrines,1 illuminated the significance of hitherto marginalized ones,2 and introduced a new theoretical perspective—the focus on information—that by now dominates much of property theory.3 At the center of the first panel of the Tenth Brigham-Kanner Property Rights Conference, to which this Essay belongs, is yet another of Tom's seminal contributions: his challenge to our understanding of the essence of property.
3 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 27 (2014)