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Historicizing the Property Relation

In: The Evolution of the Property Relation

Author

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  • Ann E. Davis

Abstract

The debates regarding the nature of property persist, both historically and in the present in the legal profession, and between the legal profession and the conventional public understanding (Ackerman 1977; Dagan 2011, 40). The paradoxical nature of property rests in the apparent objectivity of it, its “thinginess,” compared with its social, institutional dimensions (Singer 2000). The most common image of property is from Blackstone’s notion of ownership as “sole and despotic dominion” or Coke’s image of “a man’s home is his castle” (Singer 2006, 314, 332). Different schools of legal thought can be differentiated depending on the definition of property as an object owned by an individual compared with a social relation (Banner 2011, 45–72, 94–108, 257–275; Nedelsky 2011). For some textbook authors, the “thing of property [is] the depersonalized subject matter of the legal relations” (Smith 2014, 7).

Suggested Citation

  • Ann E. Davis, 2015. "Historicizing the Property Relation," Palgrave Macmillan Books, in: The Evolution of the Property Relation, chapter 0, pages 195-218, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-1-137-34656-8_7
    DOI: 10.1057/9781137346568_7
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