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.
|The Journal Jurisprudence
|Published - 2012