Lecture 1: What is property? Flashcards
What is the oldest subject in common law?
Land law and property law
This subject has a long history and is rooted in the legal traditions established during the Norman colonial era.
What language was imposed as legal terms during the Norman colonial era?
French
The Normans introduced French legal terminology that influenced the development of English legal language.
What is ‘law french’?
A full dictionary of norman French words used in legal contexts
Law French refers to the specialized vocabulary adopted during the Norman period for legal purposes.
What happened to Latin in the context of land law?
It was gradually gotten rid of
As legal language evolved, Latin was replaced by Norman French terms in legal documents.
What makes land law and property law complex?
The language used and the lack of a fully worked out theory of property
The complexity arises from archaic terminology and the absence of a cohesive theoretical framework.
What were the schools of thought related to land law?
Different schools of thought exist without a unified theory
This variety contributes to the complexity and differing interpretations within land law.
Fill in the blank: The language of land law contains a lot of _______.
archaic language
The use of outdated terms can make understanding land law challenging.
True or False: Norman French legal terms were completely abandoned in England.
False
While Latin was removed, many Norman French terms remained in use.
What is one reason for the complexity of land law aside from language?
No fully worked out theory of property like in Roman law or French law
The absence of a comprehensive theoretical framework complicates the understanding of property rights.
What is property according to the realist philosophy?
A fact that can be perceived with the senses and evidenced.
What example illustrates the realist philosophy of property?
The claim that Greenland is in Denmark.
What misunderstanding occurred between the pilgrims and the local Indians regarding property?
The pilgrims believed they purchased the land, but the Indians did not understand the transaction.
What is an example of property that can be bought?
Trump Tower.
What does possession refer to in the context of property?
A fact related to custody and control, not merely physical control.
What was the primary form of wealth/property during William’s time?
Land.
What does ‘title to land’ refer to?
A legal claim that gives ownership of the land.
What is the second philosophy regarding property?
Idealism, which views property as a right.
What is the significance of a writ of rights in property ownership?
It proves ownership.
What is ownership in property considered?
The highest right a man can have in property.
Fill in the blank: Ownership is a _______ right than possession.
higher
True or False: Possession is not considered a right.
False.
What can you do with your rights according to the concept of ownership?
You can give them away (waive them).
What is a right in the context of medieval times?
A privilege
In medieval times, rights were often seen as privileges granted to certain classes.
What significant change occurred regarding rights from medieval times to today?
All men and women have rights, so there’s no privilege anymore
What happened in the 12th century regarding land ownership?
Certain class of people enjoyed titles to land
What does owning land imply in the historical context?
You own the people on the land as well
What is the modern understanding of rights?
Something that is legally enforced
If ownership is a right, what can you do with it?
Enforce it in a court
What does slavery represent in terms of ownership rights?
You have the right to sell, buy, destroy, inherit, and control the person
What types of things can you own?
Physical things, land, intangible things like intellectual property
Examples include algorithms and bank accounts.
What do realists believe about ownership by right?
It has to be proven by possession
What is the significance of Roman law in relation to English property law?
Many thought English property law derived from Roman law, but it didn’t
What is ‘anima’ in legal terms?
When you legally possess something
What is ‘corpus’ in legal terms?
When you physically possess something
In the context of hotel valets, what do they have regarding your luggage?
Corpus but not anima
What does possession mean in legal terms?
Physical control, legal control, or both of a thing
What is a challenge regarding possession?
Terrible ambiguity for something so important
Is there a code of land law or property law mentioned?
No code of land law or property law
What does possession mean in common law?
Possession is a fundamental concept in common law that relates to control over property.
What is property?
Property can be defined as a fact, a right, and multiple strands of utility.
What is the main debate in property law between realists and idealists?
The debate centers around utility and its use value.
What is the modern theory of property law?
Property consists of strands of utility.
How has property law developed?
Property law has developed through case law.
What role does law play in property use?
The law designates what you are allowed to use property for and limits its use.
What is a limitation of property ownership according to property law?
You are not allowed to destroy any land, even if you own it.
Fill in the blank: Property law can be described as creating _______.
strands of utility.
Who is associated with the Black Act in property law?
Edward Thomson.
