Unsteady wave motions of a fluid above an inclined floor

The Normativity of the Private Ownership Form

“…On Penner's view (on which Lametti draws), objects are more like screens that block any normative connection between duty‐ and right‐holders – this is precisely why he thinks property gives rise to an indirect structure of obligation (owed to the practice as whole, rather than to the right‐holder). As I argue above and elsewhere, it is a mistake – conceptual as well as normative – to move from the premise of this view (that objects mediate between duty‐ and right‐holders) to the conclusion that objects allow, and perhaps require, property law to do away with the directional structure of normative relations that generally characterise private law).…”

“…However, the indirect structure of property obligation advanced by proponents of the indirect thesis strikes a counterintuitive cord. For it runs into direct conflict with the private law form that the tort duty against trespass takes; likewise, and more generally, it runs contrary to the private law form that private ownership takes. Property right‐holders are no mere patients of the practice of property, being protected from non‐owners by norms of exclusion laid down for them by the practice's top officials.…”