Concepts of Property - Property Rights and other Rights - Law Assignment Help

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Concepts of property
Property is a fundamental social institution. In general, I define property as the social/legal relationship between individuals within a society with respect to ‘things’ such as land, non- human animals, goods, ideas, art etc. All human societies have rules (rights, responsibilities, obligations) around property relations. Because property is a relationship (as opposed to the thing itself) it is important to note the triadic nature of property and the interdependence of the three aspects: Persons, Things, Relationships. We shall consider each of these in turn. Gray and Gray (textbook, p 5) argue that the idea of property in land in the English common

law tradition fluctuates between different theoretical models:

  • Property as fact
  • Property as abstract right
  • Property as responsibility

 

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