Chapter

Legal Relations and Things: Property

Neil MacCormick

in Institutions of Law

Published in print January 2007 | ISBN: 9780198267911
Published online January 2009 | e-ISBN: 9780191714832 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267911.003.0009

Series: Law, State, and Practical Reason

 Legal Relations and Things: Property

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This chapter focuses on a different type of complex right, that involved in the ownership of property, and in other related forms of proprietary right, or ‘real right’. It addresses the following questions: What kinds of legal relationships are involved in owning something? What kinds of things are susceptible to being owned? What are property rights as distinct from other kinds of rights? What are real rights as distinct from purely personal rights? It argues that property in all its forms is norm-dependent, and legal property depends on and is defined by the norms (rules, principles, etc) of particular legal systems. What kinds of property to recognize, and how extensively to recognize different kinds, is a question of politics, guided by economics and perhaps moral philosophy.

Keywords: ownership; real rights; intellectual property rights

Chapter.  9904 words. 

Subjects: Jurisprudence and Philosophy of Law

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