Is the Bundle View about to face a conceptual crisis?

June 11, 2024

How has the 'bundle of rights' theory, a cornerstone of property law in the United States, weathered the storm of criticism in the late 20th century? Wenjia Zhao's research project embarks on a journey through the evolution of property rights, from the traditional 'bundle view' to the challenges posed by 'new essentialists.' This research scrutinizes the clash between enduring legal paradigms and emerging critiques, aiming to uncover whether the bundle view stands on the brink of a conceptual crisis. Through a blend of historical analysis and critical assessment, Zhao seeks to navigate the turbulent waters of property theory, questioning the validity of the new essentialists' critiques and their portrayal of the bundle view. This exploration is not just an academic endeavor but a quest to understand the very foundation of property rights in modern legal thought.


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