Chapter

Property and property rights

Zohar Efroni

in Access-Right

Published in print December 2010 | ISBN: 9780199734078
Published online January 2011 | e-ISBN: 9780199866137 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199734078.003.0002
Property and property rights

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This chapter clarifies a concept of right that is not biased by moral, political, or normative judgments. It uses an objective technique to identify rights in the positive law. To this specific end, the Hohfeldian model of jural relations provides the analytical framework. After introducing the methodology for identifying and analyzing rights, the discussion proceeds to various conceptualizations of private property, which should help to extrapolate property's paradigmatic characteristics as a legal-social institution. Later, the presentation of property theories and their application in the area of copyright law will underlie the discussion on problems such as the property metaphor and the contribution of classic property concepts to the intellectual property debate, as well as selected information cost-theory perspectives.

Keywords: Hohfeldian model; jural relations; right; private property; property theories

Chapter.  32707 words.  Illustrated.

Subjects: Public International Law

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