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Access-RightThe Future of Digital Copyright Law$
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Zohar Efroni

Print publication date: 2010

Print ISBN-13: 9780199734078

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199734078.001.0001

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Property and property rights

Property and property rights

(p.59) 2 Property and property rights

Zohar Efroni

Oxford University Press

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.

Keywords:   Hohfeldian model, jural relations, right, private property, property theories

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