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The Idea of Property: Its Meaning and Power$
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Laura Underkuffler

Print publication date: 2003

Print ISBN-13: 9780199254187

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199254187.001.0001

Property's Four Dimensions: Theory, Space, Stringency, and Time

Chapter:
(p. 16 ) 2 Property's Four Dimensions: Theory, Space, Stringency, and Time
Source:
The Idea of Property: Its Meaning and Power
Author(s):

Laura S. Underkuffler

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199254187.003.0003

This chapter offers a different way to understand and analyze the concept of property. It argues that property is a complex package of normative choices that is not fully or adequately illuminated by any of the conventional understandings of property that have been offered. Those understandings — which focus on the theories of rights that property may involve — identify and describe one dimension of common legal conceptions of property. However, property is considerably more complex. Selection of a theory of rights is necessary for any legally cognizable conception of property; in addition to this, we must choose content for the dimensions of space, stringency, and time. It is only through specification of all these dimensions and the questions they raise that we can illuminate all of the choices that property — as used in law — in fact involves.

Keywords:   property, property rights, theory of rights, property law

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