ABSTRACT

The complexities of English land law are primarily the result of the doctrine of estates. To all intents and purposes the doctrine of estates was abolished by the 1925 legislation. The review points raise issues of great importance for understanding law and for law reform. The key to legal development and law reform thus lies in the nature of the sources of law, and how these are perceived. The fact is obvious, but the equally obvious conclusion is not usually drawn: serious law reform should begin with a critical look at the law-making machinery. Contrary to appearances, this is not a paper on the Rule against Perpetuities, but on law reform and legal development. Historically, in the western legal tradition, legislation has been uncommon. This is true, for example, of ancient Rome and England until the 19th century. Theoretically, legislation should be a satisfactory way to make law.