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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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Ownership as a Principle

Ownership as a Principle

(p.85) 6 Ownership as a Principle
Property and Justice


Oxford University Press

This chapter examines ownership as principle. It argues that invocations of ownership as principle differ from other aspects of juristic doctrine in that ‘ownership’, in common law systems, is not a term of art. Ownership interests derive their imprecise and fluctuating import from the wider culture of the community in which the property institution is situated. Ownership and trespassory rules, ownership and property limitation rules, and ownership and expropriation rules are discussed.

Keywords:   property, ownership, trespassory rules, property limitation rules, expropriation rules

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