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Persons and things, are 'constituted' or 'fabricated' by legal and other normative techniques.". [135] [136] Singer observes, "A private property regime is not, after all, a Hobbesian state of nature; it requires a working legal system that can define, allocate, and enforce property rights." [137] Davis claims that common law theory generally favors the view that "property is not essentially a 'right to a thing', but rather a separable bundle of rights subsisting between persons which may vary according to the context and the object which is at stake". [132] In common parlance property rights involve a ' bundle of rights ' [138] including occupancy, use and enjoyment, and the right to sell, devise, give, or lease all or part of these rights. [139] [140] [141] [142] Custodians of property have obligations as well as rights. [143] Michelman writes, "A property regime thus depends on a great deal of cooperation, trustworthiness, and self-restraint among the people who enjoy it." [144] Menon claims that the autonomous individual, responsible for his/her own existence is a cultural construct moulded by Western culture rather than the truth about the human condition.

Pages: 0

Publisher: West Educational Pub; 3rd edition (1999)

ISBN: 0324004680

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