Property and property rights
This chapter clarifies a concept of right that is not biased by moral, political, or normative judgments. It uses an objective technique to identify rights in the positive law. To this specific end, the Hohfeldian model of jural relations provides the analytical framework. After introducing the methodology for identifying and analyzing rights, the discussion proceeds to various conceptualizations of private property, which should help to extrapolate property's paradigmatic characteristics as a legal-social institution. Later, the presentation of property theories and their application in the area of copyright law will underlie the discussion on problems such as the property metaphor and the contribution of classic property concepts to the intellectual property debate, as well as selected information cost-theory perspectives.
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