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Ownership Rights and the Rites of Ownership
Authors:Neal Milner
Affiliation:Neal Milner;is a professor in the University of Hawaii's Political Science Department and Director of its Program on Conflict Resolution.
Abstract:Using condominium owner and landowner narratives about their property, I consider how people answer the question, What does it mean to own something? These property narratives are framed around three sets of social practices, myths, and beliefs which I call rites of identity, rites of settlement, and rites of struggle—the rites of ownership. According to these narratives, ownership requires that the person possessing the property carry out these rites. Their sense of entitlement—ownership rights—is framed by these rites. Following the rites makes one a deserving property owner. Property rights are seen as protectors against arbitrary, unpredictable changes in status that violate these owners, sense that they are entitled to keep what they had worked so hard for and planned for so long. I conclude with a discussion of the value of property narratives for understanding the link between law and culture.
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