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

Describe the final phase of the therapeutic process, Question 1: Illust...

Question 1: Illustrate the crucial aspects that you need to attend to during an initial interview with a prospective client? Question 2: Describe and clarify the emotio

Gallbladder and colon, The gallbladder stores and concentrates bile, and th...

The gallbladder stores and concentrates bile, and then releases it into the duodenum to help absorb and digest fats. Colon (Large Intestine) The colon is a 6-foot long musc

Understanding the question, ""We like to think, in this country, that our m...

""We like to think, in this country, that our multicultural mosaic will help nudge us into a greater openness. But multiculturalism as we know it, indulges in stereotype, depends o

Warehouse and distribution, Question 1 One subway station in Toronto has 6 ...

Question 1 One subway station in Toronto has 6 turnstiles, each of which can be controlled by the station manager to be used for either entrance or exit control – but never for bot

Demilitarised zone, a) (i) Various technologies exist that ensure that an ...

a) (i) Various technologies exist that ensure that an e-banking organisation network boundaries are secure from cyber attacks and intrusion. Briefly describe any two technologies

Basic informations, i want to about basic informations about pakistani famo...

i want to about basic informations about pakistani famous mousques

Social work, how much would it cost to write a 6 page paper bachelors level...

how much would it cost to write a 6 page paper bachelors level?

Types of meteorologists, Types of Meteorologists: Meteorologist work in a ...

Types of Meteorologists: Meteorologist work in a range of fields each with a specialized area of study. Essentially, a meteorologist is a specialized scientist that focuses on som

Determine accurate and credible information, The Media's job is to report t...

The Media's job is to report the news. The consumer's job is to determine accurate, credible and truthful information to use in deciding political issues and character of politicia

Describe how two-hand control device work, Question 1: (a) In relation...

Question 1: (a) In relation to electrical safety, explain the meaning of the following terms: (i) Earthing (ii) reduced low voltage (iii) isolation (iv) over curre

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