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

How does the mantle interact with the earths crust?

Paleoanthropology : Paleoanthropology is the scientific study of human evolution. Paleoanthropology is a subfield of anthropology, the study of human culture, society, and biology.

Question 1: (a) State five why reasons banks offer e-banking services. (b) Discuss about the implications for introducing internet banking services in a bank. (c) Illustr

write a 450-500 words of what makes a sucessful city

identeify one process your organization is involved in. this may be a service operation. a)Develop a process map (flow chart) for this process these may be in inform of delays, err

Question 1: (a) (i) Briefly describe the six stages of moral development as elaborated by Lawrence Kohlberg. (ii) Highlight some criticisms leveled against Kohlberg's theo

Process The terms reasonable and prudent person, due diligence and due care have been used in the fields of Securities, Finance, and Law for a lot of years. In recent years the

what is vba

similarities between skeletal muscle smooth muscle an cardiac muscle