Harvard Law Review Volume 3

Harvard Law Review Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...or otherwise; he can assign it, declareatrust on.it, or release it. The only difference between a chose in action and a chose in posses sion, regarded as property, lies in the number and character of the uses of which each is capable. As property, both are protected by our law.1 Lurnley 21. Gye,2 and similar decisions rest on that ground. The error of the ordinary definition of property as a right in ram, lies in the fact that that phrase declares that the relation between the owner and the thing is legal. It cannot be insisted on too strongly that the relation is purely physical, purely one of capacity to use on one side and adaptability to use on the other. Even where the res, that is the subject of property, depends for its legal validity on the sanction of law, the power to use it, is not created by law. The transfer of a right, for example, is the act of the parties in which the law takes no part. The legal relation, or right, that does undoubtedly exist in all property, exists, not between a person and a thing, but between persons only, between _the owner and the rest of human society.8 1 1 Harv. L. Rev. 9-10, by Prof. Ames. Cf. 2 Harv. L. Rev. 22, n. r, by Mr. Schofield. 2 2 E. & B. 216 (1853). For other cases, see an article by Mr. Schofield on "The Principle of Lumley 0. Gye and its Applications," 2 Harv. L. Rev. 19. 3 The following passages from an article by Mr. Samuel B. Clarke in the first volume of the Hnxvnnn LAW REVIEW, present an excellent illustration of the error that I have endeavored to point out (the italics are mine): " But when the question is of the relations of human beings among themselves, be Henry George says (and who does not agree with him?) that each as against all others, and so far as...
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Product details

  • Paperback | 174 pages
  • 189 x 246 x 9mm | 322g
  • United States
  • English
  • black & white illustrations
  • 1236749642
  • 9781236749642