Property - term of wide signification, Other Subject

Assignment Help:

'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.


Related Discussions:- Property - term of wide signification

Political geography, Political Geography: Political geography is a branch ...

Political Geography: Political geography is a branch of human geography (the branch of geography concerned with understanding the world's culture and how it relates to geographic

Health and illness from a population health perspective, Health and Illness...

Health and Illness from a Population Health Perspective: The main goal of PHP (the population health perspective) is to sustain and develop the health of the entire population

5 Collaborative efforts for juvenile justice, What are 5 collaborative effo...

What are 5 collaborative efforts for juvenile justice and what do they mean?

History of new media, History of New media: The term has actually been use...

History of New media: The term has actually been used since the 1970s by researchers conducting social, psychological, economic, political and cultural studies of information and

Prepaid credit cards, Prepaid "Credit" Cards A prepaid credit card is n...

Prepaid "Credit" Cards A prepaid credit card is not a credit card, while no credit is presented by the card issuer: the card-holder spends money which has been "stored" by mean

History, Americans who opposed the annexation of new territories most likel...

Americans who opposed the annexation of new territories most likely supported what?

Distribution system design by using management science, The darby company m...

The darby company manufactures and distributes meters used to measure electric power consumption. the company started with a small production plant in El Paso and gradually built a

Fixed-position layout, QUESTION 1 (a) Decisions on service location inv...

QUESTION 1 (a) Decisions on service location involve a trade-off between the needs of the producer and those of the consumer. Discuss the main factors which must be considered

Abrupt behavior, Sammy is a teenager working at the "A&P" in the summer, ne...

Sammy is a teenager working at the "A&P" in the summer, near the beach, as a cashier. Three girls in bathing-suit are ready to check out and go through Sammy's isle at the "A&P" gr

PSY-613, AIn a minimum of 400 words, create a dialogue with a client using ...

AIn a minimum of 400 words, create a dialogue with a client using open-ended questions to determine their needs. Include how you will probe deeper into the needs of the client and

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