Property as control over access, Other Subject

Assignment Help:

Property as Control over Access

And so continues our search for the inner mystery of "property". Let us look back and see how far we have got since we started. There is no real likelihood that we have arrived at our destination, for the quest for the essential nature of "property" has beguiled thinkers for many centuries. The essence of "property" is indeed elusive. That is why, in a sense, we have tried to catch the concept by surprise by asking not "What is property?" but rather "What is not property?" We have started from the other end of the earth- both geographically and conceptually-and we have deliberately come by the direction which seemed least probable. But along the way we may have discovered something of value. We may have discovered the irreducible conditions which underlie any claim of "property".

The classic common law criteria of "property" have tended to rest a twin emphasis on  the assignability of the benefits inherent in a resource and on the relative permanence of those benefits if unassigned. Before a right can be admitted within the category of "property" it must, according to Lord Wilberforce in National Provincial Bank Ltd. v. Ainsworth, be "definable, identifiable by third parties, capable in its nature of assumption by third parties, and have some degree of permanence or stability". This preoccupation with assignability of benefit and enforceability of burden doubtless owes much to the fact that the formative phases of the common law concept of property coincided with a remarkable culture of bargain and exchange. Non-transferable rights or rights which failed on transfer were simply not "property". Within the crucible of transfer lawyers affected to demarcate rights of "property" from rights founded in contract and tort or, for that matter, from human rights and civil liberties. Only brief reflection is required in order to perceive the horrible circularity of such hallmarks of "property". If naively we ask which rights are proprietary, we are told that they are those rights which are assignable to and enforceable against third parties. When we then ask which rights these may be, we are told that they comprise, of course, the rights which are traditionally identified as "proprietary". "Property" is "property" because it is "property": property status and proprietary consequence confuse each other in a deadening embrace of cause and effect.


Related Discussions:- Property as control over access

Econometric assignment, choose an economic theory of your choice, quantify ...

choose an economic theory of your choice, quantify it, assign figures to it and then the regression process

Explain with examples the implications of queues, QUESTION 1 (a) Discus...

QUESTION 1 (a) Discuss the four distinctive characteristics of services, and illustrate them with reference to a service product such as a restaurant (b) Outline the ‘gaps'

Write a long note on planning evaluation, Question 1 What are the parts of...

Question 1 What are the parts of a research report? Explain in full Question 2 What are the uses of content analysis and what are the limitations of the same? Discuss

Organization becoming more globel, how have the operations of production co...

how have the operations of production companies evolved over time for past 10 years?

History to 1877, Discuss Garrison’s view on the path the Abolition movement...

Discuss Garrison’s view on the path the Abolition movement should pursue to end slavery. You should address his views on gradual emancipation, colonization, and whether violence s

Multicultural counselling, Question 1 : Mauritius is considered to be a ...

Question 1 : Mauritius is considered to be a culturally diverse society with different cultures living in harmony together. According to you, is there a need for multicultural c

Organization and management for healthcare, What information is contained i...

What information is contained in the websites of CMS, JC, CARF, and CLIA?

Healthcare Finance, Here are the budgets of Brandon Surgery Center for the ...

Here are the budgets of Brandon Surgery Center for the most recent historical quarter (in thousands of dollars): Static Flexible Actual Number of surgeries 1,200 1,300 1,300 Patie

Applicability of data encryption standards, Applicability- This standa...

Applicability- This standard may be used by Federal departments and agencies when the following conditions apply: 1.   A certified official or manager liable for data secur

Interior Design, I have an interior design project, to design a restaurant,...

I have an interior design project, to design a restaurant, would you do?

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd