Two sides of property
The history of property accompanies the history of mankind. It begins with the appropriation and use of land for purposes of exploitation. With the evolution of society, meaning as well as functions of property have varied and have steadily become more complex. Usually, when we talk about property, we relate to assets with economic benefits and the ownership. However, property itself has internal conflicts and the process to solve these conflicts reflects the intangible effects of property. In this paper, I would like to discuss the concept of property in terms of the physical side and intangible rights which are reflected in internal conflicts of property.The history of property may be dated from the time when man, thousands of years ago, began to abandon his exclusive reliance on hunting and the gathering of wild fruit for raising and use of domestic animals. According to the Dictionary of History of Ideas (1973, p. 650): "in the widest sense, property indicates the exclusive relationship of a person or a group of persons to an object or a complex of objects of material value." Humans are selfish by nature and tend to satisfy the immediate preferences of individuals, especially in the world of the market. Property, tangible o
According to the ownership model, the owners will think about property in term of rights and not of obligations. According to Singer, the expressive deficiencies of the ownership model prevent people from seeing the values it suppresses and therefore, lead people to incomplete perception of what property is really about. Governmental regulations with respect to property, therefore, are considered as limits in the preexisting rights of the owners (Jane B. Although the ownership model is misguided and incomplete, the notion of freedom still dominates people's view of property. First, in the example of the Friendswood Development Company being sued by the neighbors for withdrawing water on its land, there is the conflict between "the right to use one's property as one sees fit and the right not to have one's property physically invaded or destroyed by others" (Singer, 2000, p. Entitlement model is one of these ideas, which view property as "a regulatory system, not an independent domain subject to outside regulation" (Jane B. Actually, the rights to use one person's property can destroy the property of others. Baron, The Expressive Transparency of Property, The Columbia Law Review, January 2002). The latter side ensures owners to have greater power on his property. Baron, The Expressive Transparency of Property, The Columbia Law Review, January 2002). He can use it, prevent others from using it, or even transfer the ownership to someone else. In brief, property, from ancient to modern time, has always been a hot issue because it affects personal wealth. Second, conflicts arise between owners and non-owners about the right to access and the right to exclude. On the other hand, public accommodation laws allow members of the public a limited right of access to business open to the public. Consequently, "property is best understood as comprising limited and conflicting entitlements rather than absolute powers in title holders" (Singer, 2000, p.
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