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Property ownership right - Theories of property | | Property ownership right - Theories of property: Encyclopedia II - Property ownership right - Theories of property | | Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession under the term "theories of property". Western legal theory is based, as mentioned, on the owner of property being a legal individual. However, not all property systems are founded on this basis.
In every culture studied ownership and possession are the subject of custom and regulation, and "law" where the term can meaningfully be applied. Many tribal cultures have a "corporate" theory of ownership, meaning that ownership is by collective ...
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| | | Property ownership right: Encyclopedia II - Property ownership right - Theories of property
Property ownership right - Theories of property
Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession under the term "theories of property". Western legal theory is based, as mentioned, on the owner of property being a legal individual. However, not all property systems are founded on this basis.
In every culture studied ownership and possession are the subject of custom and regulation, and "law" where the term can meaningfully be applied. Many tribal cultures have a "corporate" theory of ownership, meaning that ownership is by collective groups: tribes, families, associations and nations. For example the 1839 Cherokee Constitution frames the issue in these terms:
Sec. 2. The lands of the Cherokee Nation shall remain common property; but the improvements made thereon, and in the possession of the citizens respectively who made, or may rightfully be in possession of them: Provided, that the citizens of the Nation possessing exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or to individual citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission.
Communal Property systems describe ownership as belonging to the entire social and political unit, while corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual: generally a family. The Roman property law was based on such a corporate system, for example.
Different societies may have different theories of property for differing types of ownership, as the above paragraph makes clear: land is collectively owned, improvements are individually owned, but may not be transferred outside of the community. Currently, anthropological theory relates the kind of kinship system - whether through one or both parents - with certain property theories, though this idea is in dispute. Essentially, it is very common among property systems to have the community own property where kinship is reckoned both through patrilineal and matrilineal systems, but property is owned by the family if only one method of reckoning is used. Exceptions to this rule have been documented, but it remains the prevailing assumption of tribal ownership.
Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such, but instead may be framed in negative terms: for example the taboo system among Polynesian peoples.
Other related archives1640, 1651, 1760s, 1763, 1956, Adam Smith, Allemansrätten, Anarchism, Antarctica, Benjamin Tucker, Bible, Biblical, Bourbon Restoration, Capitalism, Charity, Charles I, Cicero, Commentaries on the Laws of England, Communism, Compulsive hoarding, Confiscation, David Hume, David Ricardo, Eminent domain, English, Essenes, Estate in land, Europe, Fine, Gift, God, Grantee, Grantor, Haudenosaunee, Homestead principle, Immovable Property, Immovable property, Intellectual property, James Harrington, John Adams, John Locke, Kibbutz, Labor theory of property, Legal fictions, Libertarian socialism, Lien, Monasticism, Natural Law, Oceana, Oliver Wendell Holmes, Ownership society, Paris, Parliament, Patrimony, Positive law, Property is theft, Property law, Real estate, Real property, Regulatory fees and costs, Renaissance, Richard Pipes, Robert Filmer, Roman law, Search and seizure, Second Treatise on Civil Government, Socialism, Sovereignty, Stuart, Tariffs, Tax, Thomas Hobbes, Tithe, Turf and twig, United Nations Convention on the Law of the Sea, William Blackstone, Zakat, Zoning restrictions, ability, abortion, airspace, anarchist, animals, avarice, body, bonds, bundle of rights, capitalism, cars, chattel slavery, classical economists, clothing, common law, commons, community property, constitution, contracts, control, copyrights, corporations, eminent domain, emissions rights, entity, epistemology, exclude, exegesis, financial instruments, government, homesteading, human body, ideas, immovable property, industry, intellectual property, interest, judiciary, jurisdiction, labor theory of property, labor theory of value, law, lease, legal positivism, legal systems, legislative power, lessee, liberty, matrilinear, medieval, metaphysical, monarchies, monarchy, network effects, no-fly zone, nuisance, owner, patents, patriarchs, person, personal property, pluralism, polity, propertarians, public domain, real property, religion, rent, resources, right, seafloor, seawater, sell, seventeenth century, social contract, socialism, sovereignty, state of nature, statists, stocks, telos, temples, thought police, trademarks, tragedy of the commons, transfer, trespass, trusts, types, use, usury, wealth
 Adapted from the Wikipedia article "Theories of property", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki |
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