Legal Studies: Laws

Legal Studies: Laws

...‘Legal ownership' i.e. recognized by the law. It can be indicated by the ‘exclusiveness' and the ‘right to exclude others' that is associated with property. It is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft or fraud. In the broadest sense, property includes an ownership of individual that excludes the state from interfering with these rights. It is only effective when combined with law and enforcement of a property based legal system.

‘Having same property as Bill Gates' for any individual would imply that everybody has the same rights over his/her property in a property based legal system. For that to hold true all members of the society must have an equal guarantee of exclusive rights to his resources. As Property is the constitutional principle establishing the state's recognition and protection of the Individual's right to exclude others – including the state, the same property system protecting Bill Gates resources that can be possessed, controlled and used also protects every individual residing within the domestic territory of U.S.

There are however, some controversies embedded in this legal issue. Though the property based legal system is protected by several rule of law (like contract law, tort law, and constitutional law), the enforcement of these laws are almost never uniformly and effectively applied and property laws does not function well if is not adequately enforced.
Second, the property is the hub of Western legal concepts and as such in a western political theory; the state comes into being in response to the problem of limited resources. As different societies have different resource allocation framework, most societies have mixed framework of dealing with the reality of limited resources. Third, the last couple years have witnesses emergence of serious...

View Full Essay

Saved Papers

Find papers more easily with our Saved Papers feature.

Join Now

Get unlimited access to over 190,000 essays and papers.

Join Now