What scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse

Type :

Presentation

Pages :

5 pages

Format :

.doc

Published date :

07/07/2008

Category :

Law & contracts

Sub category :

Business law

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Summary :

Property as a Social Institution?A Literature Review.
Guy and Henneberry and Carruthers and Ariovich conceptualize property.
Ferrari-Filho (2005) also examines the social aspect of property.
Other analyses have demonstrated the evolution of both the legal and social context of property.
Drawing Conclusions.

Abstract

A.I. Hallowell (1943: 119) once stated that, "property as a social institution implies a system of relations between individuals. Like other social institutions, it involves rights, duties, powers, privileges, forbearances, etc, of certain kinds." While this view of property has been highly debated in some academic circles, there is ample evidence that what Hallowell states is indeed correct. Thus, even though property is often examined in both legal and economic contexts, there are definitive grounds upon which property can clearly be defined as a social institution. With this in mind, this investigation considers what scholars have noted about property as a social construct mitigating human interactions that transcend legal and economic discourse.
property as a social Institution-A Literature Review
A precursory overview of what has been written about the social aspects of property, clearly indicates that property possess many of the social elements that are critical for social interaction and relationship building. To illustrate this point, Guy and Henneberry (2000) in their analysis of the social dimensions of property assert that, property serves as a gateway between the individual and the physical world. In this context, property is a social reality that enhances human development: