Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.
Introduction -- 'Exclusion' and 'Possession' : An Introduction to Property Rights -- Facts, Rights and Other Things : Laying the Conceptual Foundations -- An Expressive Theory of Possession -- The Possession Convention -- Possession and Fairness -- Losing, Finding and the Limits of Possession -- Theft, Good-Faith Purchase and the Limits of Conventions -- Conclusion.
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team
Land Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach their land law course with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts to offer students a full account of the subject. Using the popular Text, Cases and Materials format the authors take a critical approach to the subject, presenting thought-provoking analysis of the leading case-law in the area and inviting students to develop their own analytical skills ready for exams. The book can be used as a stand-alone resource, or as a complement to Land Law: Core Text, written by the same authors. Covering a broad range of topics, the authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the subject. This approach arms students with the tools needed to analyse content autonomously by seeing how individual rules fit into a broader structure, leading students towards a comprehensive and advanced understanding of this complex subject area. Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A range of resources for this book are available online: - Self-test questions with feedback - Exclusive online chapters - Guidance on answering end-of-chapter questions - Links to further research and websites
Robert D. Denham pursues his quest to uncover the links between Northrop Frye and writers and others who directly influenced his thinking but about whom he did not write an extensive commentary. The first chapter is about Frye’s reading of Patanjali, the founder of the philosophy of Hindu yoga, while the second, discusses cultural mythographer Giambattista Vico, literary history and poetic language. The focus of Frye’s criticism was the verbal arts, but he also had an abiding interest in both the visual arts and music; hence Frye’s admiration of J.S. Bach. The essay on Tolkien examines the tendency in literary history to return from irony to myth, as well as the role that Tolkien played in Frye’s fiction-writing fantasies. In subsequent chapters, Denham explores Frye’s preference for romance and his critique of realism, which run parallel to the views of Oscar Wilde, and their strong shared convictions about the centripetal thrust of art, and about criticism being as creative as literature. Frye’s appreciation for Whitehead’s concept of interpenetration in Science in the Modern World became a key feature of Frye’s speculations about the highest reaches of literature and religion. Frye is clearly indebted to Martin Buber, particularly his influential meditation I and Thou. Aristotle, an important influence upon Frye, was partially filtered through R.S. Crane and his The Languages of Criticism and the Structure of Poetry. Finally, the relationship between Frye and his Oxford tutor Edmund Blunden are explored, while the last is an essay on Frye and M.H. Abrams on how Frye’s critical project might be viewed developed in Abrams’s The Mirror and the Lamp. This book is published in English. - Robert D. Denham poursuit son examen d’écrivains et autres influences qui ont marqué l’éminent critique Northrop Frye, mais sur lesquels celui-ci n’avait pas consacré de réflexions très développées. Le premier chapitre porte sur la lecture que fait Frye de Patanjali, le fondateur de la philosophie du yoga hindou, et le deuxième, sur le mythographe culturel Giambattista Vico, l’histoire littéraire et le langage poétique. Frye s’intéressait aux arts visuels et à la musique et Denham approfondit l’influence de J.S. Bach sur Frye. Le chapitre sur Tolkien porte sur la tendance en histoire littéraire de passer de l’ironie au mythe, mais aussi sur l’ascendant de Tolkien sur la fiction fantaisiste de Frye. Dans les chapitres suivants, Denham explore la préférence de Frye pour le romantique et sa critique du réalisme, qui trouvent écho chez Oscar Wilde, de même que leur conviction, partagée, de l’importance de l’art, et de la critique comme étant aussi créative que la littérature. L’admiration de Frye pour le concept d’interpénétration présenté dans le Science in the Modern World de Whitehead est devenue un élément clé des réflexions de Frye sur la portée de la littérature et de la religion. Denham explore aussi le lien entre Frye et Martin Buber, dont la méditation I and Thou l’a beaucoup inspiré, et celui entre Frye et R.S. Crane, qui parle beaucoup d’Aristote dans son ouvrage The Languages of Criticism and the Structure of Poetry. Le chapitre 9 explore la relation entre Frye et son tuteur d’Oxford, Edmund Blunden, alors que le dernier chapitre porte sur Frye et M.H. Abrams, et notamment sur le projet critique de Frye compris à la lumière du cadre sur la théorie critique développé par Abrams dans The Mirror and the Lamp. Ce livre est publié en anglais.
What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.
