Reconceptualizing Property on the Basis of Legal Pluralism

Abstract

This essay brings up and deepens Bertram Lomfeld’s proposal of establishing  a theoretical conceptualization of property that, far from reproducing its liberal and  modern paradigm, can adapt neutrally to the historical, political and cultural differences  around the social relations regarding goods and resources. In this sense, after a brief  historical contextualizing analysis, we will begin by addressing the perspective of Wesley  N. Hohfeld, who conceptualizes Law according to its intersubjectivity nature. Then, we  will examine Anthony Honoré’s proposal and its different constituent elements of full ownership. After  that, we will partially analyze Lomfeld’s theory seeking to arrive at a  neutral concept of this legal institute based on the recognition of different appropriative  forms and the demystification of certain naturalized proprietary values. Finally, we will  propose a conceptualization of the institute based partially on the proposal of the last  author, but retaining Hohfeld’s intersubjective perspective.