LexisNexis公司原版简明美国法律教程[全九本word精校版]之一 财产法.docVIP

[Note: Numbers in brackets refer to the printed pages of  HYPERLINK /bookstore/catalog?action=productprod_id=10923 \t _blank Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule SummaryProperty Law SEQ CHAPTER \h \r 1 PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However, the law defines property as rights among people that concern things. § 1.02 Property and Law [2-4] [A] Legal Positivism The dominant view in the United States is that property rights arise only through government; this view is known as legal positivism. For example, in Johnson v. M’Intosh, HYPERLINK /xchange/search/xlink.asp?keyenum=25270keytnum=0searchtype=Lexseesearch=21+U%2ES%2E++543 21 U.S. 543 (1823), the Supreme Court stressed that in deciding land claims based on Native American rights, it could only rely on laws adopted by the federal government, not on natural law or abstract justice. [B] Natural Law Theory Natural law theory, in contrast, posits that rights arise in nature as a matter of fundamental justice, independent of government. The Declaration of Independence is the high-water mark of this theory in the United States. § 1.03 Defining Property: What Types of “Rights” Among People? [4-7] [A] Scope of Property Rights Under our legal system, property rights are limited, not absolute. They exist only to the extent that they serve a socially useful justification. [B] Property as a “Bundle of Rights” It is common to describe property as a “bundle of rights” in relation to things. The most important rights in this metaphorical bundle are: (1) the right to exclude; (2) the right to transfer; and (3) the right to use and possess. § 1.04 Defining Property: Rights in What “Things”? [7-9] Real property consists of rights in land and anything attached to