Legalism: Property and Ownership
Georgy Kantor, Tom Lambert, and Hannah Skoda
Abstract
In this volume, ownership is defined as the simple fact of being able to describe something as ‘mine’ or ‘yours’, and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships and obligations. Property is often articulated through legalism as way of thinking which appeals to rules and to generalising concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective f ... More
In this volume, ownership is defined as the simple fact of being able to describe something as ‘mine’ or ‘yours’, and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships and obligations. Property is often articulated through legalism as way of thinking which appeals to rules and to generalising concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of western philosophical tradition explain property and ownership in other societies? Is the ‘bundle of rights’ a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated?
Keywords:
Property,
Ownership,
Legalism,
Rules,
State,
Bundle of Rights,
Communities,
Economic Prerogatives,
Political Prerogatives
Bibliographic Information
Print publication date: 2017 |
Print ISBN-13: 9780198813415 |
Published to Oxford Scholarship Online: January 2018 |
DOI:10.1093/oso/9780198813415.001.0001 |
Authors
Affiliations are at time of print publication.
Georgy Kantor, editor
Official Fellow and Tutor in Ancient History, St John's College, Oxford
Tom Lambert, editor
Osborn Fellow in Early Medieval History, Sidney Sussex College, Cambridge
Hannah Skoda, editor
Fellow and Tutor in History, St John's College, Oxford
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