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.
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Produktdetaljer
ISBN
9781509929931
Publisert
2020
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter