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Law and Geography$
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Jane Holder and Carolyn Harrison

Print publication date: 2003

Print ISBN-13: 9780199260744

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199260744.001.0001

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Spatial Dimensions of Private Law

Spatial Dimensions of Private Law

(p.35) Spatial Dimensions of Private Law
Law and Geography

Nick Jackson

John Wightman

Oxford University Press

The rights and duties attributed to private law are often not expressed explicitly in spatial terms. While some aspects like property rights may in fact be articulated in spatial terms, such aspects are often undermined by the abstract form of law. This means that the spatial relations have to be addressed by looking into law's spatial dimension. This chapter attempts not to look ‘behind’ the law in search for spatial aspects but rather investigate the conceptual frameworks, the principles, and the rules associated to private law that may reveal possible spatial dimensions. Since the duties and rights that are identified in this chapter are defined in a way that is entirely aspatial, the chapter seeks to understand how such laws are altogether abstracted from space. Spatial location, as such, is of no relevance for such an application.

Keywords:   private law, spatial terms, property rights, spatial relations, principles, rules, conceptual framework, spatial dimensions

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