All Taking and No Giving: The Conceptual Trend in Transfers of Ownership

Alex Green

All Taking and No Giving: The Conceptual Trend in Transfers of Ownership

York Law School

Research output: Contribution to journal › Article › peer-review

Abstract

We transfer property all the time. Every time we buy a chocolate bar or give birthday presents we engage in the legal process of transferring property. But what does transferring property entail? Most theories of ownership look at transfer as an act typically perpetrated by the original owner. In this article, that assumption is attacked and it is suggested that the Law of Property in fact only ever allows for things to be taken rather than given. The conceptual implications of this mechanic are then explored and it is concluded that they support a conception of ownership that is essentially self-serving.

Original language	English
Journal	The Journal Jurisprudence
Volume	16
Publication status	Published - 2012

Cite this

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abstract = "We transfer property all the time. Every time we buy a chocolate bar or give birthday presents we engage in the legal process of transferring property. But what does transferring property entail? Most theories of ownership look at transfer as an act typically perpetrated by the original owner. In this article, that assumption is attacked and it is suggested that the Law of Property in fact only ever allows for things to be taken rather than given. The conceptual implications of this mechanic are then explored and it is concluded that they support a conception of ownership that is essentially self-serving.",

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