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2 - Stability and Property Use

Published online by Cambridge University Press:  25 October 2019

Shelly Kreiczer-Levy
Shelly Kreiczer-Levy
Affiliation:
College of Law and Business, Ramat Gan, Israel
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Summary

The chapter establishes the centrality of stability in property law and theory today. It depicts and characterizes the legal protection of attachment, control, and possession as constituting a vision of stability. The chapter then analyzes and defends this conclusion along three categories: theories and justifications supporting the right to private property, legal doctrines, and doctrines that work to protect stable property relationships. It argues, following the famous Marxian distinction, that while property law accommodates a great level of flexibility in exchange value, it does not facilitate the same level of flexibility when it comes to use value. Use of physical property continues to be intimately tied to attachment and stability.

Keywords

propertyalienabilitylanduse valueexchangepersonhoodfreedomcontrolpossession
Type
Chapter
Information
Destabilized Property
Property Law in the Sharing Economy
 , pp. 16 - 37
Publisher: Cambridge University Press
Print publication year: 2019

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