Abraham_Property_Spring_2014%5b3608%5d (1).docx - Property Outline INTRODUCTION AND SOME THEORY Property the self the externalization of one\u2019s self

Abraham_Property_Spring_2014%5b3608%5d (1).docx - Property...

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Property OutlineINTRODUCTION AND SOME THEORYProperty: the self; the externalization of one’s self; the space we occupy not about things, about rights andinterestsTwo Most Important Concepts:1. You can only sell as much as you own 2. No property right is absolute, only exists relative to others 1. “Bundle of Sticks” – rightsin/to thingsRight to possess [OCCUPY]Right to use [ALTER APPEARANCE]Right to exclude, NOT absoluteRight to transfer your rights (alienate)oGiftoSell2. You canonly transfer those property rights less than or equal to what you have [Rule #2 of property]3. Property rights are not absolute; they are always relativeas betweenthose who are contesting them [Rule#1]Two kinds of property:1.Real Property: the dirt and things on top of the dirt2. Personal Property:everything elseWhat does it mean to have a right?If you have a right, then somebody else has an obligationProperties are rights (absolute) and interests (relative) to: possess, use, manage, dispose of, and excludeothers from things; both personal and realA person is said to hold a property interest if he has any rightwhich the law will protect againstinfringement by others. oThe power of the State enforces the rights (enforceable right)oA right only exists to the extent that there is a remedy (who you gonna call? ghostbusters)Possession:a person is said to have possession of land or personal property if he has dominion and control overitTitle: Title is what we usually think of as “ownership”Ex: A tenant in an apartment building has possession of the apartment, but the landlord has title to it. What are the sourcesof property rights?NATURE: God made humans to exercise dominion over nature; he put those things on the Earth forpeopleAdam and Eve had to labor for their food and land; gave us the original view of the accumulation ofproperty through our laborLabor is punishment for sin, but at the same time if we didn’t labor we wouldn’t be fully humanTHEORYThe Meaning of Property: facts about a man-made institution that creates and maintains certain relationsbetween people.Definitions of property: 1
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Property means rightsnot things, and property is not confined to private property.MacPherson: Property is a right not a thing: property is a claim that will be enforced by society or the state, enforceableclaimto some use or benefit of a something, 3Common, private and state property: Note: both private and common property involve individual rights1. Private property- my right to exclude you from the use or benefit of something, may be right of a real orartificial person (corporation)2. Common property- my right not to be excluded from the use or benefit of something (the state creates therights, individuals have the rights, always the rights of real people)3. State property- rights that the state created, kept for itself, or has taken over from people or corporations(this happens lots in other countries, now the state
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  • Fall '14
  • Abraham

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