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.
Hanoch Dagan
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199737864
- eISBN:
- 9780199894994
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199737864.003.0010
- Subject:
- Law, Constitutional and Administrative Law
This chapter develops, demonstrates, and defends the conception of property as institutions—namely, as important default frameworks of various categories of interpersonal interaction. In line with ...
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This chapter develops, demonstrates, and defends the conception of property as institutions—namely, as important default frameworks of various categories of interpersonal interaction. In line with the legal realist commitments underlying this conception of property, much of the discussion is situated in the context of one particular property institution: marital property. The test case considered for the discussion is United States v. Craft. In Craft, the Supreme Court discussed the vulnerability of one form of marital property—the tenancy by the entirety—to a federal tax lien resulting from the tax liability of one spouse only.Less
This chapter develops, demonstrates, and defends the conception of property as institutions—namely, as important default frameworks of various categories of interpersonal interaction. In line with the legal realist commitments underlying this conception of property, much of the discussion is situated in the context of one particular property institution: marital property. The test case considered for the discussion is United States v. Craft. In Craft, the Supreme Court discussed the vulnerability of one form of marital property—the tenancy by the entirety—to a federal tax lien resulting from the tax liability of one spouse only.
