Property - term of wide signification, Other Subject

'Property' is a Term of Wide Signification

Leaving aside for a moment the issue of moral limitation, it is clear that the perspective of excludability has an otherwise liberating impact on the identification of "property". An extensive frame of reference is created by the notion that "property" consists primarily in control over access. Much of our false thinking about property stems from the residual perception that "property" is itself a thing or resource rather than a legally endorsed concentration of power over things and resources. If "property" is not a thing but a power relationship, the range of resources in which "property" can be claimed is significantly larger than is usually conceded by orthodox legal doctrine. (This is indeed the source of both the greatest challenge and the greatest danger confronting the law of property in the 21st century.) The limits on "property" are fixed, not by the "thinglikeness" of particular resources but by the physical, legal and moral criteria of excludability. By lending the support of the state to the assertion of control over access to the benefits of particular resources, the courts have it in their power to create "property". But of critical importance in this definitional process is obviously the care with which the courts determine which resources are recognisably non-excludable.

Posted Date: 2/21/2013 6:24:07 AM | Location : United States







Related Discussions:- Property - term of wide signification, Assignment Help, Ask Question on Property - term of wide signification, Get Answer, Expert's Help, Property - term of wide signification Discussions

Write discussion on Property - term of wide signification
Your posts are moderated
Related Questions
what is 1 half + 1 half

what are the steps involved in developing a spreadsheet

Physically Non-excludable Resources: Physical non-excludability arises where it is not possible or reasonable practicable to exclude strangers from access to the benefits of a

Implementations- Cryptographic modules which realize this standard shall conform to the necessities of FIPS 140-1. The algorithm specific in this standard may be implemented i

Q. Why Privatization of Public Sector Undertakings are requied? The private sector was allowed to set up business with government control over their functioning. There was howe

Question: (a) Although advertising tries to convince you to buy a product or accept a message, advertising also shapes our attitudes about gender. Outline the six codes an

Question 1 How can one write scripts for commercials? Explain in detail                   Introduction                   Easily readable scripts                   Properly timed

whom do you think Rajender will eat with? Why?

Question: Every employer who employs more than 100 persons in his enterprise must, under section 30 of the Occupational Safety and Health Act 2005 appoint a registered Safety