Vikas Kedia

Property
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Books:
1. Understanding property law by John G Sprankling 2nd edition

Legal positivism – The view that rights arise only through government.
Natural law theory – The view that rights arise in nature as a matter of fundamental justice independent of government.

What is property ? Something isnt property just because it has value. Property is a creation of law.

Property rights are not absolute. They are a bundle with the main sticks being:
1. The right to exclude from interference.
2. The right to transfer
3. The right to possess and use – Subject to statues ordinances and other laws that substantially restrict its use.

Property owners have rights and duties.

Market inalienable – Property that can not be sold in the market like human organs.

Property is a cluster of legally enforceable rights among people concerning things.

Chattels – Tangible visible personal property.

A way to divide different types of properties:
1. Real
2. chattels
3. Intangibe personal e.g contract rights.

Different models of ownership:
1. no property
2. common property
3. state property
4. private property.

What is the justification for private property ?
There are different theories for it:
1. Traditional Utilitarianism – Views property rights as a means to increase the society utility.
2. first occupancy – View that first person to take occupancy or possession of something owns it.
3. labor desert – View that people are entitled to the property that is a result of their efforts.
4.
Utilitarianism – law and economics approach – View that private
property exists to maximize the overall wealth of society. Three
central components a. Universality b. exclusivity c. Transferability
5. liberty or civic republican theory
6. Person hood theory

Two theories of jurisprudence:
1. Formalism
2. Instrumentalism.

Is there any property in news? If there is property in news does it survive the first publication ?
What is quasi property ?
There
is no property rights in news for one company when compared to the
public. But in some context like competitors publishing news, news has
value of a quasi property. Since it has exchange value.

Test the right of the complainant against the public but we have to test the right of the complainant vs that of the defendant.

The reasoning was given by:
Justice Pitney
Justice Holmes