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An Expressive Theory of Possession (Hardcover)
Loot Price: R3,475
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An Expressive Theory of Possession (Hardcover)
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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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