Konstanze von Schütz

SJD Candidate
Thesis title:
Connecting Independent Owners: Lesser and Limited Property Rights in the Common Law of Property
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

I am a doctoral candidate at the University of Toronto’s Faculty of Law, and Incoming Wainwright Fellow and Assistant Professor at McGill University's Faculty of Law.

My current research and writing focus on the law of property. I study the role and normative significance of property law’s fundamental ideas and building blocks such as ‘ownership’ and ‘property rights’, as well as the relation between private ownership and the ‘public’ through theoretical, comparative, and historical lenses.

My doctoral research project puts forth an understanding of lesser and limited property rights (for example, easements, leaseholds, or mortgages) as ways by which owners can establish legal relations with one another qua owners. I demonstrate how the common law’s conception of ownership and its commitment to non-subordination structures how owners can be connected through property rights. This perspective illuminates the emergence of different types of non-ownership property rights and the operation of what is known as the numerus clausus-principle of property law. It also furnishes insights on property law’s inbuilt capacity for increasing access and control over owned subject matter for non-owners, and the ways in which property law promotes owner collaboration.

I hold an LL.B. from Bucerius Law School, Hamburg (Germany) with a specialization in International Commercial Law, Conflict of Laws, and Cross-Border Civil Procedure and have passed the first and second German “state examinations in law” with high distinction. As part of my training, I have clerked at the Higher Regional Court of Appeal of Hamburg. I also hold an LL.M.-degree from the University of Toronto with a focus on Private Law Theory. Prior to commencing my graduate research, I practiced law at the German firm CMS Hasche Sigle in the areas of Intellectual Property and Litigation. 

I will be a visiting researcher at the Max Planck Institute for Legal History and Legal Theory in the fall of 2022. In 2021-22, I was the Private Law Fellow at Yale Law School’s Center for Private Law.

Education
Doctor of Juridical Science (SJD) cand., University of Toronto, Faculty of Law, 2017 - present
LL.M. University of Toronto, 2016
Second State Examination in Law (Bar Exam), Hamburg (Germany), 2014
First State Examination in Law, Hamburg (Germany), 2011
LL.B. Bucerius Law School, Hamburg (Germany), 2010
Awards and Distinctions
- Social Sciences and Humanities Research Council of Canada (SSHRC) Doctoral Fellowship, 2020-2022
- Helmut-Coing Scholarship for research at the Max Planck Institute for European Legal History (Frankfurt a.M.), 2018
- Dean's Graduate Student Leadership Award (University of Toronto, Faculty of Law), 2018
- German Academic Exchange Fund (DAAD) Doctoral Excellence Scholarship, 2017-2018
- Evangelisches Studienwerk e.V. Villigst Scholarship for Talented Students, 2007-2011
- German Academic Scholarship Foundation (Studienstiftung des Deutschen Volkes) Scholarship for Talented Students, 2007-2009
Professional Affiliations
Co-Chair of the Young Property Lawyer's Forum (YPLF)
Selected Publications

“Benjamin N. Cardozo’s Equitable Method and Judicial Lawmaking’s Auxiliary Role” (forthcoming, Yale Journal of Law & the Humanities)

 "Keeping It Private: The Impossibility of Abandoning Ownership and the horror vacui of the Common Law of Property"(2022) 66:4 McGill Law Journal 721–758

"From Local to Global on Multiple Pathways: A Review of Amnon Lehavi, Property Law in a Globalizing World" (2020) 68:3 American Journal of Comparative Law 695–700

"Immanent Ratio Legis and Statutory Interpretation" in Klappstein, Verena & Maciej Dybowski, eds, Ratio Legis - Philosophical and Theoretical Perspectives (Springer, 2018) 161–186

Works in Progress

"Not Too Few: The Necessary Minimum Set of Property Rights"

« Des Lieux par le Droit : Le Privé, le Public, et le Droit de Propriété » (engl : "Places through Law : The Private, the Public and Property Law")

Research Interests
Civil Law
Comparative Law
Equity and Trusts
Legal History
Legal Theory
Political Philosophy and Theory
Private International Law
Property Law
Supervisor
Committee Members