Jurisprudence Books

“Naturally there was the notion of private property as a pragmatic concept, for individuals or groups have a proclivity to tend to their own possessions with greater care and reverence than they would to common property...in such cases, the notion of ownership would underscore a relationship existing between distinct people, rather than a legal association between a person and that which is said to be possessed, which is to say that ownership was, in its strictest definition, the societal distinction between the owner and the non-owner with respect to the property in question. Beyond this, the concept of ownership varied further from society-to-society according to their respective derivations of natural law, legal positivism and legal realism. Some societies—the indigenous Itako tribes...for example—railed against their governments’ initiatives for private ownership in favor of maintaining equal access to available resources (in the case of the Itako, this was due primarily to the fact that theirs were kin-based tribes whose membership sought to live communally). All the same, even this notion of common possession seemed to me rather arrogant, for the necessitated existence of a public domain was rooted in the shared human dominance over the objects or organisms in question. And so, in my dizzying contemplation, I began to yearn for a greater law that stretched to vast limits beyond that which governed humanity alone. The voice in my mind spoke earnestly of the need for a unifying jurisprudence which could preside over all of Nature’s manifestations in a manner either probabilistically fair or mathematically arbitrary. And perhaps, still, this would not be enough.”
― Ashim Shanker, Only the Deplorable