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  • Two Concepts of Property: Ownership of Things and Property in Activities

    Author(s)
    Breakey, Hugh
    Griffith University Author(s)
    Breakey, Hugh E.
    Year published
    2011
    Metadata
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    Abstract
    Property in Activities is a distinct and integrated property-concept applying directly, not to things, but to actions. It describes a determinate ethico-political relation to a particular activity - a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. Property in Activities illuminates many of the vexing problem cases in property theory, including communal, intangible, fugacious, hunting, fishing, customary and recreation property rights. The same is true of property in various sectors of law, in philosophical arguments such as Locke's, and in historical usage prior to the ...
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    Property in Activities is a distinct and integrated property-concept applying directly, not to things, but to actions. It describes a determinate ethico-political relation to a particular activity - a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. Property in Activities illuminates many of the vexing problem cases in property theory, including communal, intangible, fugacious, hunting, fishing, customary and recreation property rights. The same is true of property in various sectors of law, in philosophical arguments such as Locke's, and in historical usage prior to the nineteenth century. By illustrating how one stable concept can resolve this myriad of otherwise puzzling cases, I argue that Property in Activities is as important a concept as Ownership of Things.
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    Journal Title
    The Philosophical Forum
    Volume
    42
    Issue
    3
    DOI
    https://doi.org/10.1111/j.1467-9191.2011.00390.x
    Copyright Statement
    Self-archiving of the author-manuscript version is not yet supported by this journal. Please refer to the journal link for access to the definitive, published version or contact the author[s] for more information.
    Subject
    Ethical Theory
    Philosophy
    Publication URI
    http://hdl.handle.net/10072/43384
    Collection
    • Journal articles

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