Property Law and Metaphysics

A Tract Book Essay

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2008 by Anthony J. Fejfar

Critical Legal Studies argues that Property is not real. Instead, Property is simply

a “reified” concept which is illusory. I, on the other hand, would argue that Property is

real and so is Contract. They are both real because of Metaphysics.

Classical Metaphysics argues certain metaphysical quiddities act to partially

structure reality as necessary causes. I argue that there is a certain metaphysical

structure to Law, which is as follows:

Real Property is based upon Substance.

Personal Property is based upon Matter.

Contract is based upon Form.

THE END