Property is Metaphysical

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2009 by Anthony J. Fejfar

Property is Metaphysical. That Property is Metaphysical is true in at least 4

different senses, as follows:

4. Property as Substance, Matter, and Form (Fejfar)

3. Property is that which I Critically Judge to be Property (Lonergan).

2. Property is a Legal Relationship Between Persons (Restatement First of Property)

1. Property is a Bundle of Sticks.. (Blackstone)

Now, starting with Blackstone, Property, as a matter of Concrete Operations Propety

is defined as a “Bundle of Sticks” with each “Stick” representing a Legal Right. Thus, it

is apparent, that even at this most Concrete Level, Property is still abstract, or

Metaphysical. Property is not the dirt, not the house, not the building. Instead Property

is a grouping of Legal Rights. In Physics or Chemistry we can study the “dirt,” while in

Property we study the Legal right. Once again, this is why Logical Positivism cannot at

all account for Law or Property, because Property is based upon Abstract Human

Meaning (Lonergan), not the “dirt” of sense experience.

Next, Property, in the Restatement First of Property, is defined as, “A Legal

Relationship between Persons, with respect to some thing, tangible or intangible.” Once

again, it is apparent that Property is not the “dirt,” not the house, not the building, but
instead is an abstract Legal Relationship. Property is the Legal Relationship, not the

thing which is the subject of the Legal Relationship.

Next, Property is that which I Critically Judge to be Property. As Philosopher

Bernard Lonergan, puts it, that which is real, is that which I judge to be real, based upon

a Critical Judgment of Fact, based upon the cognitive operations of Experience,

Understanding, Judgment and Reflection.

Finally, Property, as a matter of Pure Metaphysics, is based upon Substance,

Matter, and Form. Substance is Property as its most real, that is, Real Property.

Personal Property is based upon Matter. Matter is the Substance of the Material

Universe. Finally, Contract is based upon Form. Form has relatively little Substance or

Matter, and is purely formal, or abstract. Money, for example, is Personal Property at its

most minimal, and is basically based upon Form or Contract

With respect to Property as Substance, it is clear that this notion is consistent with the

Ancient and Medieval notions of Property. In Medeival England Real Propety was

considered to be Seisin (Substantial Interest) or Title. Seisin was was in an enfoeffment

ceremony between a Lord and Vassal through a ceremony where a clod of dirt with straw

in it was separated from the Land and given by the Lord to the Vassal to indicate a

transfer of Seisin (the Substantial Interest of Real Property) to the Vassal..