Property: A Leap of Faith
McGill University - Faculty of Law
Revue Générale de Droit, Vol. 38, No. 2, 2008
What is property? Which ever way one approaches the subject, the judicial discourse is lost within the search of its justification, its origin, or even within the analysis of its very nature. It loses itself in other social sciences, such as philosophy, economics and linguistics - to the point, for that matter, where one might ask oneself if it is not simply an act of faith, that is, an idea in which one believes without feeling the necessity the examine the truth of all of its constitutive elements.
If we adhere to the language of property, we can see that it is modeled by metaphors. Such metaphors, that of absolute property, for example, or even that of natural property, constitute as many false representations as those upon which the law has been built. The manipulation of the word "property", in which this imagery of law takes part, is striking in the development of intellectual property rights.
Note: Downloadable document is in French.
Number of Pages in PDF File: 12
Keywords: imagery, intellectual property, legal metaphors, natural law, property
JEL Classification: K11, O33Accepted Paper Series
Date posted: February 17, 2011
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