Jurisprudence Aspect Of The Concept Of Property And Different Modes Of Acquiring Property

Gurucharan, Alliance University, Bangalore

ABSTRACT

In any jurisprudence system, the concept of property is part of its foundation and this has always met different interpretations. It is the purpose of this paper to probe into some of the theoretical aspects of owning property; the modes of its acquisition are among the areas to be examined, as well as underlying philosophical premises that build property rights. Judicial review on the matter of property reveals the problem on property ownership, possession, and resource allocation with the risk of compromising Justice and Fairness principles.

Making use different property’s theories, such as Natural Law and Utilitarianism, this article argues that property rights require balancing individual liberty and collective welfare. Recognizing the significance of property acquisition avenues such as purchasing, inheriting, gifting, and occupancy shapes legislation and conventions governing ownership and transfer. Examining the ethical aspects of property ownership highlights the importance of considering broader societal and cultural contexts. Understanding property rights' conceptual underpinnings promotes informed participation in legal and political debates.