The Concept of Ownership and the Relativity of Title

Katz, Larissa M.

Abstract

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The Concept of Ownership and the Relativity of Title

Larissa M. Katz

Queen's University - Faculty of Law

November 9, 2011

Jurisprudence, Vol. 2, No. 1, pp. 191-203, 2011

Abstract:
What does the relativity of title tell us about the concept of ownership in the common law? The traditional answer is that the common law protects not ownership but rather rights to possess of varying strength. There are no owners on this view, just possessors. A modern version of this story, equally reductionist, is that there are no possessors, only owners. The law resolves conflicts between owners by privileging pre-existing rights. Neither version of the story adequately locates the place of ownership in a system of law that also treats title as relative. This paper sets out the beginnings of an account that attempts to do just that.

Number of Pages in PDF File: 13

Keywords: property, ownership, relativity of title

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Date posted: November 9, 2011

Suggested Citation

Katz, Larissa M., The Concept of Ownership and the Relativity of Title (November 9, 2011). Jurisprudence, Vol. 2, No. 1, pp. 191-203, 2011. Available at SSRN: http://ssrn.com/abstract=1957119

Contact Information

Larissa M. Katz (Contact Author)

Queen's University (Canada) - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada