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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The right to private property in a new political dispensation in South Africa
Author:Lewis, C.ISNI
Year:1992
Periodical:South African Journal on Human Rights
Volume:8
Issue:3
Pages:389-430
Language:English
Geographic term:South Africa
Subject:property rights
Abstract:This paper examines a number of different issues which may throw some light on the debate as to whether the right to property in South Africa should be embodied in a new constitution, and on the form that constitutional embodiment should take. Distinguishing between the idea, or concept, of property, and different conceptions, or constructions (which differ from society to society), of its content, the author argues that the right to property as a concept should be included in a bill of rights, but that no concrete conception should be detailed. The author first deals with the meaning of the term 'property', the objects of property rights, particularly forms of wealth other than land, and criteria for determining what constitutes property. Then she examines the meaning of 'a right to property'; justifications of the right to private property; the distribution of property and, finally, how the right to property should be constitutionally protected. Notes, ref.
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