Making Law Bind: Essays Legal and Philosophical

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Honoré, Tony. 1987. Making Law Bind: Essays Legal and Philosophical. Clarendon Press.

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Description

Tony Honoré's legal philosophy, widely regarded very highly. Clearly enumerates the bundle of rights that comprise property.

These incidents of ownership are as follows:

  1. the right to possess
  2. the right to use
  3. the right to manage
  4. the right to the income of the thing
  5. the right to the capital
  6. the right to security
  7. the right of transmissibility
  8. the right of absence of term
  9. the duty to prevent harm
  10. liability to execution and
  11. the incident of residuarity

According to Honoré, for full ownership in a thing to be recognised, an individual must hold most (but not necessarily all) of these elements regarding that thing. Ownership comprises the right to possess, the right to use, the right to manage, the right to the income of the thing, the right to the capital, the right to security, the rights or incidents of transmissibility and absence of term, the duty to prevent harm, liability to execution, and the incident of residuarity. Tony Honore, "Making Law Bind", p. 165

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