What is Property?

Question 1

What are the five theories of property?

Answer 1

1. Natural theories - Property as a natural right or ‘God-given’
2. Utilitarian theories - Property is a creation of law for social benefit
3. Lockean theory - Property is essential to human freedom and is justified through labour
4. Marxist theory - Property causes alienation and limits human freedom
5. Margaret Davies’ perspective - Property is contextual and shaped by economic and political power

Question 2

What are the 4 types of property?

Answer 2

1. Private property – Owned by individuals, with rights to sell and exclude others
2. State property – Owned and controlled by the government
3. Communal property – Property that individuals can use but not exclude others from
4. No-property – No ownership rights exist, only privileges

Question 3

What was the common law rule regarding human bodies?

Answer 3

A human body, in its natural state, is not considered property

Question 4

What are the 3 main cases regarding whether something is considered property?

Answer 4

• Hunter v Canary Wharf [1997] AC 655
• R v Kelly & Lindsay [1998] 3 All ER 741
• Yearworth v North Bristol NHS Trust [2009] EWCA Civ 37