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The idea of property consists in an established expectation; in the persuasion of being able to draw such or such an advantage from the thing possessed, according to the nature of the case. Now this expectation, this persuasion, can only be the work of law.
LAND LAW 1: PROPERTY. THEORY. Dr Busalile Jack Mwimali. 1. The Concept of Land as Property. Introduction. Land law is the form of law that deals with the rights to use, alienate, or exclude others from land.
brings together essays that consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the earth and Confucian ideas of property.
This chapter reviews property law theory and its literature that aims to show how developments in general property theory may be relevant for energy and natural resources. It focuses on liberal Western understandings of property, and primarily those within the common law tradition.
The purpose of the course is to provide students with: an introduction to the meaning of “property”; the function and place of property law in South Africa; and the scope and sources of South African property law; an understanding of the definition, characteristics and classification of “things”.
This is Volume 1 of a two volume set written for Property Law. From the Preface: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages.
This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property.
