Assessment of the Statement that Property is a Power Relationship Between People

1019 Words3 Pages

Assessment of the Statement that Property is a Power Relationship Between People

Property is the right to possess, enjoy or use a determinant thing,

and includes the right of excluding others from doing the same. The

concept of ownership or property has no single or widely accepted

definition. Like any other concept it has great weight in public

discourse and the popular usage varies broadly. Property is frequently

conceived as a 'bundle of rights and obligations.' Property is

stressed as not a relationship between people and things, but a

relationship between people with regard to things. It is often

conceptualized that property is the rights of 'ownership'.

In common law property is divided into real property, which is the

interests in land and improvements there, and personal property, which

are interests in anything other than real property. Personal property

is divided into tangible property (such as a bike, car and clothse),

and intangible property (such as bonds and stocks), which also

includes intellectual property (copyrights, trademarks etc). The

modern property rights conceive of possession and ownership as

belonging to legal individuals, even if the individual is not a real

person. Hence, governments, corporations and other collective forms of

ownership are shown in terms of individual ownership. Property rights

can be found in the oldest laws written, and equate the expectation of

use or profit to some payment from the very beginning. Modern property

rights can be said to begin with the transition from ownership by

entities as being the primary form of property right, to the theory

that property rights are to promote th...

... middle of paper ...

...operty’ in the case of

Goldberg v. Kelly to be protected. This shows the state evolving in

order to protect the citizen’s rights. As pointed out by Professor

C.B. Macpherson (Essential Reading Handout p.5), property can be seen

as a political relation between people. A relation that is, unlike

marriage or contracts, relatively hard to get into and leave. These

can include new property such as a job or a group of friends. This

creates a power relation between the people and the thing (between

subject and an object). Therefore the statement ‘Property is a power

relationship between people’ is true but it would be better if we

portrayed it as a relationship between people with regard to things.

In transition to the stages of social development the relations

between the people have become more powerfull and more important.

More about Assessment of the Statement that Property is a Power Relationship Between People

Open Document