The author’s point of departure is Alf Ross’s analysis of ownership as a tool of presentation for a set of disjunctive conditioning facts and conjunctive legal consequences. The author first analyses Ross’s conjunctive compo-nent, and shows that, if one adopts the perspective of Polish-Russian legal realism, it can be pro-vided with a full-blown meaning. Then, the disjunctive component is discussed. By drawing in-spiration from prototype theory, the author argues that a specific set of disjunctive conditioning facts and of conjunctive legal consequences can be regarded as making up the core – albeit in a gradual way - of ownership phenomena, provided that one restricts them to movables. Finally, the author presents two Freudian hypotheses that can explain the emergence of the prototype of own-ership. This explanation is based on the way babies conceive of their bodily parts and feces. Based on that, an archeotype (i.e., archaic conception) of ownership is proposed.
Prototypizing and archeotypizing ownership: A pilot study / E. Fittipaldi. - In: SOCIOLOGIA DEL DIRITTO. - ISSN 0390-0851. - 46:2(2019), pp. 43-62. [Epub ahead of print]
Prototypizing and archeotypizing ownership: A pilot study
E. Fittipaldi
2019
Abstract
The author’s point of departure is Alf Ross’s analysis of ownership as a tool of presentation for a set of disjunctive conditioning facts and conjunctive legal consequences. The author first analyses Ross’s conjunctive compo-nent, and shows that, if one adopts the perspective of Polish-Russian legal realism, it can be pro-vided with a full-blown meaning. Then, the disjunctive component is discussed. By drawing in-spiration from prototype theory, the author argues that a specific set of disjunctive conditioning facts and of conjunctive legal consequences can be regarded as making up the core – albeit in a gradual way - of ownership phenomena, provided that one restricts them to movables. Finally, the author presents two Freudian hypotheses that can explain the emergence of the prototype of own-ership. This explanation is based on the way babies conceive of their bodily parts and feces. Based on that, an archeotype (i.e., archaic conception) of ownership is proposed.File | Dimensione | Formato | |
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