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Towards an essentialist legal definition of property

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posted on 2025-05-09, 02:24 authored by Glen AndersonGlen Anderson
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.

History

Journal title

DePaul Law Review

Volume

68

Issue

3

Pagination

481-515

Publisher

De Paul University

Language

  • en, English

College/Research Centre

Faculty of Business and Law

School

School of Law and Justice

Rights statement

Digital Commons@DePaul © 2019

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