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Property, Power and PoliticsWhy We Need to Rethink the World Power System$
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Jean-Philippe Robé

Print publication date: 2020

Print ISBN-13: 9781529213164

Published to Policy Press Scholarship Online: May 2021

DOI: 10.1332/policypress/9781529213164.001.0001

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PRINTED FROM POLICY PRESS SCHOLARSHIP ONLINE (www.policypress.universitypressscholarship.com). (c) Copyright Policy Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PPSO for personal use.date: 05 July 2022

The Meaning of Property

The Meaning of Property

(p.53) 1 The Meaning of Property
Property, Power and Politics

Jean-Philippe Robé

Policy Press

Property rights are presented in a constitutional perspective. Property rights are constitutional rights. They grant prerogative which are protected both by the State and against the State. Contrary to what most economists think, possession plays a secondary role in the notion of property. Property is a right of decision and rule-making as a matter of principle towards the object of property. Laws affecting the use of property are only limited derogations to this principle. This view is congruent with the theory of ownership developed by Oliver Hart and applies in both Civil and Common Law legal systems. Understanding property in this fashion is a key to the understanding of the operation of the existing Power System.

Keywords:   Property rights, Possession, Oliver Hart, Constitutional right

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