PREFACE V
INTRODUCTION IX
CHAPTER I : PART I : STRUCTURAL ANALYSIS OF THE INSTITUTION OF PROPERTY & RELATED PROBLEMS
Structural Analysis of the Institution of Property 1
Legal Concept of Property: whether a Single Right or a Bundle of Rights 7
Property: whether Relation between a Person and a Thing or
Relation between a Person and other Persons with reference
to a thing? 13
How to find an Owner when two or more persons have a Right in Rem
over the Res. 18
The distinction between Property and Personal Rights 21
What is a Thing? 25
Property: a Socio-Legal Institution 35
Property based on Legal Recognition 38
Property based on Economic Conditions 41
Instinctive basis of Property 42
CHAPTER II : PART II : EARLY FORMS OF THE INSTITUTION
OF PROPERTY
Property in Moveable Things 48
Property in Immoveable Things 52
Movement towards Disintegration of Common Property and the
Rise of Private Property 61
CHAPTER III : DEVELOPMENT OF THE CONCEPT OF PROPERTY AND RELATED PROBLEMS
The Rise, Development, and Recognition of the Monetary Criterion
as a Basis of Ownership through Courts and Juristic Writings 83
Criticism of Monetary Criterion as a Basis of Ownership 96
CHAPTER IV : PART III : JUSTIFICATION OF PRIVATE PROPERTY
The Social Context 106
Occupation Theory 113
Contractarian Theory 116
Property as the Fruit of Labour 118
Utilitarianism-Expedience and Security of Possessions 124
CHAPTER V : THE SOCIALIST CRITIQUE OF PRIVATE PROPERTY
Property in Socialist thought 139
Incentive Theory of Production 158
CHAPTER VI : THE MOVEMENT TOWARDS A SOCIALISED CONCEPTION OF PROPERTY
Duguit 181
Renner 184
Berle and Means 188
Conclusion on the Socialisation of Property 189
CHAPTER VII : CONCLUSION