Find
Search for over 200,000 study notes and past assignments!
Swap
Download study resources by swapping your own or buying Exchange Credits.
Study
Study from your library anywhere, anytime.
47 Pages • Complete Study Notes • Year: Pre-2021
TOPIC 1: THE CONCEPT OF PROPERTY A. THE NATURE AND ESSENCE OF PROPERTY Property Systems: ❖ Private Property: Individual persons have right to control and enjoy. ❖ Common property: property is privately/communally controlled for communal enjoyment ❖ Collective property: collective control for private (collective) enjoyment (can be state control exten- sively for the benefit of the collective) (Background Reading: Chambers Ch 2) B. JUSTIFICATIONS FOR AND CRITICISMS OF PRIVATE PROPERTY 1. First Occupation Theory (finder’s keepers: colonial powers/ settling) ❖ First possession or occupation is enough to justify legal protection of the claims of the possessor (based on natural law as being socially convenient) 2. Locke’s labour theory ❖ PP as way of allowing enjoyment for labour ❖ Encourage and reward individual effort, also use to justify inequitable scenarios (e.g. terra nullius) 3. “Personhood” theories (George Hegel) ❖ Private property is important as a means to express individual will and personality 4. Utilitarianism (Jeremy Bentham) ❖ Incentive effects of property promote aggregate welfare à use resources in most effective manner. 5. Economic Efficiency (Richard Posner) ❖ Maximize efficiency/wealth of society property rights should be universal (everything should be able to be owned or controlled), exclusive (interferes with ability to use resources in an efficient manner) and transferable (sell rights on market to put resource to good use).
This document is 25 Exchange Credits
More about this document:
|
This document has been hand checkedEvery document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources. |
|
This is a Complete Set of Study NotesComplete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics. |
|
What are Exchange Credits?Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free. |
|
Satisfaction GuaranteeWe want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee. |
Studying with Academic Integrity
Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.