Potentiality, Actuality, and “Stick”-Theory
Read this article
- Access statistics
- 4,853 article downloads
- 9,449 complete issue downloads
- Total: 14,302
The “Bundle of Rights” picture of property purports to explain the facilitative aspect of the powers that go with ownership by treating potential property interests that an owner may confer as pre-existing rights that an owner may transfer to others. This misleads, rather than enlightens, confusing potentiality with actuality. Importantly, it also draws our attention away from the difficult conceptual issue regarding the transfer of rights.