Sisyphus’ Burden: Concepts of Property

Lambert, Alexander (2023) Sisyphus’ Burden: Concepts of Property. Doctoral thesis, University of East Anglia.

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Abstract

Property is a concept familiar to all. We interact with property and its associated rights on a daily basis, however, as will be explored at its boundaries, what constitutes ‘property’ becomes much less clear. This thesis will engage with the idea of method, methodology, concepts, and concepts of concept, to present reality as multiple and engaged in structures of persuasive enactments. This thesis will take this foundation and consider property at the boundaries through this understanding, treating ‘property’ as a boundary object between different communities of practice and different concepts of property. In doing so, the concept of ‘property’ and its meaning will be explored in a series of different sites. In order to achieve this, ‘property’ will be viewed through the lenses of anthropology, economics, and the law.

This thesis argues that far from a stable conceptual arrangement, ‘property’ and its many expressions exist in a state of flux. By considering judicial reasoning, the importance of the rhetorical power of different understandings of ‘property’, and their role within the frameworks and understanding of the law, property within the law can be viewed as operating remedially. To exemplify the rhetorical use of property, this thesis will explore arguments surrounding remedial constructive trusts, fiduciary duties, trustee de son tort, and proprietary estoppel to show how ‘property’ and its logic are being deployed remedially. This understanding will then be applied to the frontier of property, considering the ‘proprietisation’ of cryptocurrency in light of social, economic, and legal understandings of property.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Kitty Laine
Date Deposited:	12 Nov 2024 14:27
Last Modified:	12 Nov 2024 14:27
URI:	https://ueaeprints.uea.ac.uk/id/eprint/97648
DOI:

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