Towards an essentialist legal definition of property

Title: Towards an essentialist legal definition of property
Creator: Anderson, Glen
Relation: DePaul Law Review Vol. 68, Issue 3, p. 481-515
Relation: https://via.library.depaul.edu/law-review/vol68/iss3/2
Publisher: De Paul University
Resource Type: journal article
Date: 2019
Description: To the lawyer and non-lawyer alike, property is a ubiquitous phenomenon; we are surrounded by it, it dominates much of what we do, and its protection and regulation are among our legal system's most preeminent concerns. Exactly what property is, however, is a moot point. Can it be defined merely as ownership of objects, resources, or interests? Does property only exist when there is a right to exclusion over objects, resources, or interests? Does property connote not only rights, but also responsibilities? Are the limits of property circumscribed by social, moral, and technological factors? It can be said that there are no certain answers to these and many other questions relating to property. Correspondingly, there is no single definition of property-only an array of contested possibilities. Perhaps the only thing that can be said with certainty about property is that it is an essentially contested concept par excellence.
Subject: jurisprudence; states; cultural property; compensation; just compensation
Identifier: http://hdl.handle.net/1959.13/1471988
Identifier: uon:48746
Identifier: ISSN:0011-7188
Language: eng
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