"An Untheory of the Law of Trusts, or how doctrine can be viewed as a ‘special science’ body of knowledge", invited paper, University of Birmingham School of Law
Abstract
If one examines the structure of trust doctrine to consider the question, “What sort of knowledge and understanding does a trusts lawyer have?”, it is proposed that the most telling analogy is with the kind of knowledge and understanding that a practitioner of a ‘special science’ like civil engineering has. A trust is a facilitative device that subjects of the law can use to create structures of beneficial property interests, and the law is shaped around the creative structures that have been found popular, and the problems which can arise from its use.