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Property and Justice$
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J. W. Harris

Print publication date: 2002

Print ISBN-13: 9780199251407

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199251407.001.0001

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Building upon the Minimal Structure

Building upon the Minimal Structure

(p.42) 4 Building upon the Minimal Structure
Property and Justice


Oxford University Press

This chapter examines modern property institutions, considering common law systems in general and English law in particular, as examples. It suggests that the basic features of the property superstructures of modern systems will differ in terminology and detail rather than in kind. Intellectual property, features of property institutions resulting from the separation of wealth from use, and non-ownership proprietary interests are discussed. It is argued that an item comes within the scope of a property institution if either it is the subject to specific trespassory protection or if it is separately transmissible as part of a person's private wealth.

Keywords:   property institutions, intellectual property, non-ownership proprietary interests

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