Real Estate as Institutional Fact
Towards A Philosophy of Everyday Objects
Bibliographic Data
| ID | 2807540 |
|---|---|
| Authors | L A Zaibert, Leo Zaibert (0000-0002-0921-2777, University at Buffalo, State University of New York, corresponding author) |
| Year | 1998 |
| Volume | 58 |
| Issue | 2 |
| Pages | 273-284 |
| Publication date | 1998-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of Economics and Sociology (JOURNAL) |
| Journal identifiers | ISSN: 0002-9246 • E-ISSN: 1536-7150 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1536-7150.1998.tb03472.x |
| OpenAlex | W1988219696 |
| Language | EN |
| Citations received | 3 |
Rigorous tools which are well known to philosophers can be put to use in the analyses of many concepts pertaining to social reality. This paper attempts to apply the distinction between brute and institutional facts advanced by John Searle to the analysis of property rights over land. It might be commonplace to suggest that all rights are entities whose existence is an institutional fact, i.e., it is the result of human conventions. In the case of property rights, it is not merely at this level that institutional reality confronts us. The object over which the property right falls, a land parcel, is itself an entity whose existence is an institutional fact. This doubly institutional character of property rights makes it easier to see that property rights over land have many important differences with other sorts of property rights. Of course, some of these differences have been pointed out before, say, by appealing to the seminal distinction between movables and immovables, but never with the rigor or the justification that I attempt here. As a result of taking seriously the nature of the object over which the right falls, we can see that property rights over land have more in common with other sorts of relationships, such as political conceptions of sovereignty, than with other forms of property rights. Real estate is just one of a myriad of social objects that we encounter every day. The ontology developed here is but one example of how philosophical analysis of everyday objects enriches our understanding of the social world, and offers us tools for clearer, practical treatment of these objects
Bundle of rights · Epistemology · Fundamental rights · Human rights · Law and economics · Linguistics · Object (grammar) · Ontology · Political science · Politics · Property (philosophy) · Property rights · Real estate · Right to property · Sociology · Sovereignty · Law · Philosophy · Property Rights and Legal Doctrine
| Citations per year | 0.15 |
|---|---|
| Citation span | 2006 - 2024 (19) |
| Highly cited | No |