Critical Theory

This chapter looks at the way in which critical theory has been applied to trusts law. Its main question is why the critique of trusts law, or critical trusts law, has not been more successful, given the prevalence of critical approaches in legal scholarship. To this end, it describes some of the elements that critical trusts law as a normative project involves, before pointing to two factors that limit its success: the unruliness of trusts law and the judgment that normative critique often entails. It finally outlines a way in which to read and write critical trusts law that may not only avoid some of the identified problems but may also open up new paths to the understanding of property outside of the confines of liberal thought.