Stephanie M. Stern and Daphna Lewinsohn-Zamir
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479835683
- eISBN:
- 9781479857623
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479835683.003.0003
- Subject:
- Psychology, Social Psychology
This chapter questions the tendency of property law to bestow more generous protection against dispossession due to debts or other losses to residential property than to personal or commercial ...
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This chapter questions the tendency of property law to bestow more generous protection against dispossession due to debts or other losses to residential property than to personal or commercial property or leasehold interests (i.e., renters). Contrary to this pattern in property law, the empirical psychology research on homes suggests only moderate psychological importance to maintaining ownership of one’s particular home, and substantial attachments and psychological interests in personal and commercial property. From the perspective of psychological loss, the strong property protection afforded to homes under tenancy by the entirety and homestead exemptions may be outsized. Conversely, the more limited protection of personal property and compensation for its loss under laws such as bankruptcy exemptions and bailment may be inadequate.Less
This chapter questions the tendency of property law to bestow more generous protection against dispossession due to debts or other losses to residential property than to personal or commercial property or leasehold interests (i.e., renters). Contrary to this pattern in property law, the empirical psychology research on homes suggests only moderate psychological importance to maintaining ownership of one’s particular home, and substantial attachments and psychological interests in personal and commercial property. From the perspective of psychological loss, the strong property protection afforded to homes under tenancy by the entirety and homestead exemptions may be outsized. Conversely, the more limited protection of personal property and compensation for its loss under laws such as bankruptcy exemptions and bailment may be inadequate.
Richard B. Collins, Dale A. Oesterle, and Lawrence Friedman
- Published in print:
- 2020
- Published Online:
- April 2021
- ISBN:
- 9780190907723
- eISBN:
- 9780190907754
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190907723.003.0018
- Subject:
- Law, Constitutional and Administrative Law
This chapter explores Article XVIII of the Colorado Constitution, titled “Miscellaneous.” As the title indicates, it covers a broad variety of subjects. The article’s original eight sections forbade ...
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This chapter explores Article XVIII of the Colorado Constitution, titled “Miscellaneous.” As the title indicates, it covers a broad variety of subjects. The article’s original eight sections forbade lotteries and required the general assembly to pass “liberal homestead and exemption laws,” provisions for arbitration of disputes, laws outlawing imports of fake or adulterated liquors, laws to preserve state forests, and measures for publishing laws adopted at each legislative session. Amendments and additions to the article allow and define the state lottery and limited gambling, impose term limits on state officials, try to promote term limits for federal offices, restrict methods of trapping wildlife, and legalize medical and recreational marijuana under complex rules.Less
This chapter explores Article XVIII of the Colorado Constitution, titled “Miscellaneous.” As the title indicates, it covers a broad variety of subjects. The article’s original eight sections forbade lotteries and required the general assembly to pass “liberal homestead and exemption laws,” provisions for arbitration of disputes, laws outlawing imports of fake or adulterated liquors, laws to preserve state forests, and measures for publishing laws adopted at each legislative session. Amendments and additions to the article allow and define the state lottery and limited gambling, impose term limits on state officials, try to promote term limits for federal offices, restrict methods of trapping wildlife, and legalize medical and recreational marijuana under complex rules.
