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Land Law I believe it is necessary to distinguish between the study of property in it
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The investigation of the relationship between law and other social phenomena is a serious problematic and far from an easy issue. To my understanding any attempt to distinguish between property as a legal and social institution is prima facie an oversimplification and an overgeneralization. ... I. Hallowell, illustrated by sociological jurisprudence and legal sociologists approaches to the questions of property, law and society.
I shall begin with the premise that in any culture, there must be some conception of right ways to allocate resources, a way of managing consumption of valued things and accordingly some concept of property must exist in every civilised society for that society to function effectively. In our days "property" could be defined as "that, which is capable of ownership, whether real or personal, tangible or intangible". In his seminal eighteenth century treatise, Commentaries on the Laws of England, William Blackstone asserted: "There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe". In principal land was and it will always be the most valued necessity for humans survival and well being - a place of birth, living and death. There are indisputable links between person and place. Land always stays put - it is a place of exploitation and development. It came to our hands and it will be passed on to another after our death - land pre-exists and coincides with life.
However, changing social and economic conditions have resulted in different conceptions of what may form the object of property, which differs clearly from Blackstones reference mainly to real property. At one time, married women and labourers were regarded as legitimate objects of property. ... Professor Charles Reich has suggested that there are now new objects of property, which he describes as "new property". These new objects of property form part of the material wealth of individuals, and he suggests that they include a person’s employment or profession, including various benefits like work-related pensions and a person’s claim on the government in the form of social welfare payments. He argues that these new objects should be given the same level of protection as say, land, and that there should be new legislation, called the Homestead Act, which guarantees protection for this new property . This ‘new property’ may indicate an intellectual shift away from the idea that property is a private right, consisting of a right to exclude others from personally owned resources, and may be moving towards a reappraisal of property as a public right of access to socially-valued resources.
The principal utility of the land is however viewed in different ways by different people - like any other form of property - conceived and considered on different merits with prejudice to different interests. For some the main value of the land is that it represents a home, for others represents an investment or a security for a loan. However, in many instances the proper use of land is not what the interests of the owner might determine alone, or by the constraints imposed by natural biotic processes, or by the maximisation of value aggregated across society at large. Instead, it is determined by the always-evolving patterns of uses that arise through the synergistic action and interests of the members of the local community in which the land lies. ... I believe that because people have different outlooks on the utility of the land it is inevitable that these interest may conflict and on that perspective one of the tasks of the law is to seek to strike a balance between the competing expectations affecting the land (same as referring to any other form of property). From a social viewpoint, as Gray puts it the importance specifically of land law is incalculable.
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Title: Land Law I believe it is necessary to distinguish between the study of property in it
Words: 3282
Rating: None
Pages: 13.1
submitted by: sisina
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