Property and the Law of Finders by Robin Hickey (English) Hardcover Book

Description: Property and the Law of Finders by Robin Hickey This book sets finders in their legal-historical context and discovers an area of law lying at the crossroads of crime, obligations, and property. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority.This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions. Author Biography Robin Hickey is a Lecturer in Law at Queens University Belfast. Table of Contents Introduction1. The Legal Context of ArmoryRecovery of Lost Goods at Common LawDevelopment of Forms of Action at Common LawDetinueThe Fiction of FindingTrover and ConversionFinding as a Justificatory Excuse: The Law of CharityLarceny by FindingArmory v Delamirie2. The Possessor of Land CasesThe Beginning: Right Follows LiabilityThe Innovation: Right Follows PossessionSouth Staffordshire Water Co v SharmanThe Distraction: Evolution of the In/On Land DistinctionParker v British Airways BoardThe Mistake: Right Follows Circumstance of FindThe Answer: Evidentiary Concessions to Proof of Possession3. The Significance of the Facts of LossThe Relevance of Loss and MislayingUS State Common Law: Categorisation Designates RightEnglish Common Law: Classification Influences LiabilityThe Relevance of HidingThe Relevance of AbandonmentThe Significance of Finding4. The Obligations of a FinderSpecifically Imposed ObligationsAbsence of Direct AuthorityLoser of Goods is a Background ConsiderationHonesty of LitigantsUncritical Reliance on BailmentThe Finder as BaileeLiability Under General DutiesConversionNegligenceUnjust EnrichmentObligations and Policy5. Possession and the Rights of FindersPossession as a Source of Property Rights at Common LawPossession as the Basis of TroverPossession as the Basis of EjectmentFrom Remedy to RightThe Extent of the Finders RightThe Estoppel ArgumentCases of Divested RightsThe Effect of a Subsequent ConversionFinders as (Relative) Owners6. Qualifications on the Acquisition of RightDishonestyQualifying the Dishonest Finders RightsRecognising a Better Right in a Third PartyTrespass to LandEmployment RelationshipsPublic and Private LocationsA Pervasive Right7. Defending the DoctrinesLost Property Regulation in Other JurisdictionsUnderstanding English Law: Property, Tort and Crime and the Pursuit of Sensible Policy AimsTheft and Entailed BehaviourEvaluating English LawEpilogue: The Terminology of Possession and Property Review Property and the Law of Finders is an informative and interesting book that I am happy to commend to Canadian readers. The book offers the first full-length analysis of the legal position of finders in English law. Hickeys contextualized doctrinal analysis is exemplary.This well-written, well-organized book...will be appreciated by anyone interested in the foundational concepts of personal property and anyone interested in how to fashion a doctrinal argument. -- Jonnette Watson Hamilton * Canadian Business Law Journal Vol 53 *This is a patient and level-heqaded examination of an area of the law sometimes thought to be a jurisprudential shambles. Lacking the ethical underpinnings and riddled with difficult facts and nonsensical distinctions, the law of finders has seemed an obvious candidate for reform. Not so, says Robin Hickey. The law of finders, rightly understood, makes perfect sense. Far from a shambles, the march of case-law has created a body of law which is remarkably coherent and achieves practically sensible results. The argument is well make. Even readers who do not find the authors sanguine conclusion entirely convincing will profit from his careful reading of the case-law and his trenchant comments upon it.The authors determination to look at his subject in the light of the law as a whole is one of several reasons the book succeeds.Dr Hickeys book is a sober consideration of the law as a whole, pruning away what is unnecessary but affirming the value of what is left. It is thorough in its coverage. It is forceful in its argument. It is clear in its presentation.... it will inform and interest its readers. It will also leave them with a renewed confidence in the worth of serious doctrinal scholarship. -- R. H. Helmholz * Legal Studies Volume 31, Number 3 *Throughout this useful and insightful analysis, the author explodes some of the myths and misunderstandings apparent in previous judicial and academic considerations of finding cases, and in particular there is a useful demonstration of the pervasive impact of Frederick Pollock (and to a lesser extent, Oliver Wendell Holmes) in the development of a doctrine of possession.... the text reads well, and there is a high level of structural clarity in the exposition of the main thesis and the relevant sub-theses... Property and the Law of Finders is a clear elucidation and successful analysis of the complex and detailed history and content of the doctrine, and its accompanying policies. It also provides a good example of the dangers of ignoring the particular context of leading cases, as well as demonstrating that the common law can often meander towards coherence and happen across pragmatic social objectives without the catalyst of codification. -- Dr Sean Thomas * Conveyancer and Property Lawyer 2011 *Aptly described as a "juridical minefield" (A. Tettenborn, "Gold Discovered at Heathrow Airport" (1982) 41 C.L.J. 242), it is much to Robin Hickeys credit that Property and the Laws of Finders provides such a clear guide to the complex and overlooked common law of finding.Hickeys work carefully unpicks the confusing interplay between crime, tort and property rules underlying the well-known maxim of "finders keepers".... a stimulating and well-argued overview of the law of finders. -- Emma Waring * The Cambridge Law Journal 2011 *I do not recall ever reading a detailed study of law that does not come down in favour of reform in some form or other; but this is the case here, and the conclusions are as convincing as they are unusual. The author, when presented with what seems like a chaos of sources and concepts, has plucked a few simple threads that run through all of them. This is a lucid and engaging work and, in an area like this, such simplicity must have been very difficult. -- Neil Maddox * Irish Jurist Vol 45 *Property and the Law of Finders is a book that should be on the shelf of anyone interested in land law or who wishes to find out more about this particular area. Unlike many legal books it is not one that intimidates the reader before even cracking the cover since it is less than 200 pages in length and presents a very approachable proposition. The table of contents is logical in its organization and provides the reader with the ability to jump to a particular area with ease rather than having to trawl through keywords in a bloated index. Alternatively, should one have the time and sufficient interest, reading from cover to cover is something that is very realistic within a relatively small timeframe…Wrapped up with a succinct conclusion the book is organised well and is easy to follow for those within or without the legal profession.This is an achievement that should be well received by practitioners, students, and the public in general and should be read by anyone who wishes to more properly understand the law of finders and what rights a person may have, no matter what side of the argument they may lie upon. -- Matthew Carn * Trust Law International, Volume 24, Number 4, 2010 * Review Quote This is a patient and level-heqaded examination of an area of the law sometimes thought to be a jurisprudential shambles. Lacking the ethical underpinnings and riddled with difficult facts and nonsensical distinctions, the law of finders has seemed an obvious candidate for reform. Not so, says Robin Hickey. The law of finders, rightly understood, makes perfect sense. Far from a shambles, the march of case-law has created a body of law which is remarkably coherent and achieves practically sensible results. The argument is well make. Even readers who do not find the authors sanguine conclusion entirely convincing will profit from his careful reading of the case-law and his trenchant comments upon it.The authors determination to look at his subject in the light of the law as a whole is one of several reasons the book succeeds.Dr Hickeys book is a sober consideration of the law as a whole, pruning away what is unnecessary but affirming the value of what is left. It is thorough in its coverage. It is forceful in its argument. It is clear in its presentation.... it will inform and interest its readers. It will also leave them with a renewed confidence in the worth of serious doctrinal scholarship.R. H. HelmholzLegal StudiesVolume 31, Number 3Throughout this useful and insightful analysis, the author explodes some of the myths and misunderstandings apparent in previous judicial and academic considerations of finding cases, and in particular there is a useful demonstration of the pervasive impact of Frederick Pollock (and to a lesser extent, Oliver Wendell Holmes) in the development of a doctrine of possession.... the text reads well, and there is a high level of structural clarity in the exposition of the main thesis and the relevant sub-theses... Property and the Law of Finders is a clear elucidation and successful analysis of the complex and detailed history and content of the doctrine, and its accompanying policies. It also provides a good example of the dangers of ignoring the particular context of leading cases, as well as demonstrating that the common law can often meander towards coherence and happen across pragmatic social objectives without the catalyst of codification.Dr Sean ThomasConveyancer and Property Lawyer2011Aptly described as a juridical minefield (A. Tettenborn, Gold Discovered at Heathrow Airport (1982) 41 C.L.J. 242), it is much to Robin Hickeys credit that Property and the Laws of Finders provides such a clear guide to the complex and overlooked common law of finding.Hickeys work carefully unpicks the confusing interplay between crime, tort and property rules underlying the well-known maxim of finders keepers.... a stimulating and well-argued overview of the law of finders.Emma WaringThe Cambridge Law Journal2011I do not recall ever reading a detailed study of law that does not come down in favour of reform in some form or other; but this is the case here, and the conclusions are as convincing as they are unusual. The author, when presented with what seems like a chaos of sources and concepts, has plucked a few simple threads that run through all of them. This is a lucid and engaging work and, in an area like this, such simplicity must have been very difficult.Neil MaddoxIrish JuristVolume 45Property and the Law of Finders is a book that should be on the shelf of anyone interested in land law or who wishes to find out more about this particular area. Unlike many legal books it is not one that intimidates the reader before even cracking the cover since it is less than 200 pages in length and presents a very approachable proposition. The table of contents is logical in its organization and provides the reader with the ability to jump to a particular area with ease rather than having to trawl through keywords in a bloated index. Alternatively, should one have the time and sufficient interest, reading from cover to cover is something that is very realistic within a relatively small timeframeWrapped up with a succinct conclusion the book is organised well and is easy to follow for those within or without the legal profession.This is an achievement that should be well received by practitioners, students, and the public in general and should be read by anyone who wishes to more properly understand the law of finders and what rights a person may have, no matter what side of the argument they may lie upon.Matthew CarnTrust Law InternationalVolume 24, Number 4, 2010 Details ISBN1841135755 Author Robin Hickey Short Title PROPERTY & THE LAW OF FINDERS Language English ISBN-10 1841135755 ISBN-13 9781841135755 Media Book Format Hardcover Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom DEWEY 346.42047 Illustrations black & white illustrations DOI 10.1604/9781841135755 UK Release Date 2010-01-20 NZ Release Date 2010-01-20 Pages 196 Publisher Bloomsbury Publishing PLC Year 2010 Publication Date 2010-01-20 Audience Professional & Vocational AU Release Date 2010-01-19 We've got this At The Nile, if you're looking for it, we've got it. 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