ABSTRACT
Property theory seeks to answer two related questions: first, what is property and, second, assuming its invocation by a polity, can it be justified? Put simply, the former involves a consideration of the normative content of the concept of property – this inquiry usually coalesces around Wesley Newcomb Hohfeld’s ‘jural opposites’, Anthony M Honoré’s eleven standard incidents of ownership, or Margaret Jane Radin’s ‘liberal triad’ of use, exclusivity, and alienability, all of which is summarised by the ‘Hohfeld-Honoré bundle of rights metaphor’. The second question focuses on the range of theories said to justify the concept which have been proffered over time.
Babie, Paul T, Property in the Empirical World (March 15, 2021). University of Adelaide Law Research Paper No 2021-08, Review: Property Theory: Legal and Theoretical Perspectives [2019] No 7.
First posted 2021-03-19 18:00:25
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