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    Knots of equity: doctrine and hegemony in the Law of Trusts

    Gearey, Adam (2020) Knots of equity: doctrine and hegemony in the Law of Trusts. In: Piska, N. and Gibson, H. (eds.) Critical Trusts Law: Reading Roger Cotterrell. Counterpress. (In Press)

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    Abstract

    This paper examines the doctrinal assemblage of trust law which articulates and justifies a normative framework for the distribution of surplus value between public and private spheres. The argument begins with an engagement with Cotterrell’s account of trusts and the ideology of property law. The paper then demonstrates how the judicial articulation of doctrine knots together the fractured legal/social/ economic totality that is mature capitalism. Later sections of the argument clarify why the specific socio-political forms of civil society, family and state are central to the theory of the assemblage. These themes are then read into some ‘classic’ trust law cases. A final section argues that assemblages have a hegemonic function. Assemblages enable distributional struggles between (and within) the family and the state to be given legal form and 'resolved.'

    Metadata

    Item Type: Book Section
    School: School of Law
    Research Centres and Institutes: Law and the Humanities, Centre for
    Depositing User: Adam Gearey
    Date Deposited: 27 Jul 2020 06:02
    Last Modified: 16 Jun 2021 03:07
    URI: https://eprints.bbk.ac.uk/id/eprint/26255

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