The “Doctrinal Casebook” #

This part of the coursebook organizes the materials you will study through problems this year into a system that looks more like you’d expect to find in a conventional law school casebook. The main organizing idea in this system is a legal doctrine like “first possession”, “restrictive covenants” or “Aboriginal title”. The study of these doctrines progresses more or less chronologically, as issues within each area are identified and adjudicated by jurists over time.

Watch out! #

The “Doctrinal Casebook” is here to provide you with an alternative perspective on the course materials and concepts we will study via a problem-based approach. But do not fall into the trap of simply using the doctrines to prepare for exams. This might give you a good understanding of the formal law-on-the-books, but you will miss out entirely on the historical patterns and contexts that we can study only by looking across doctrinal areas.

Chapters in the Book #

The doctrines compiled in this casebook are grouped into the following chapters:

• Chapter 1: Recognizing Relationships. How are relationships to land established?

• Chapter 2: Governing Relationships. Once relationships to land are established, how does decision-making about the land take place?

• Chapter 3: Title and Form.

• Chapter 4: Shelter.