An Expressive Theory of Possession
eBook - ePub

An Expressive Theory of Possession

  1. 208 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

An Expressive Theory of Possession

About this book

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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Yes, you can access An Expressive Theory of Possession by Michael J R Crawford,Michael JR Crawford in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Year
2020
Print ISBN
9781509944088
eBook ISBN
9781509929931
Edition
1
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Title Page
  3. Foreword
  4. Acknowledgements
  5. Table of Contents
  6. Table of Cases
  7. Table of Statutes
  8. Introduction
  9. 1. ‘Exclusion’ and ‘Possession’: An Introduction to Property Rights
  10. 2. Facts, Rights and Other Things: Laying the Conceptual Foundations
  11. 3. An Expressive Theory of Possession
  12. 4. The Possession Convention
  13. 5. Possession and Fairness
  14. 6. Losing, Finding and the Limits of Possession
  15. 7. Theft, Good Faith Purchase and the Limits of Conventions
  16. Conclusion
  17. Index
  18. Copyright Page