The Jurisprudential Foundations of Property Law Exploration of its Kinds and Principles

Abstract

Property law is a crucial aspect of legal systems, but there is a lack of understanding of the relationship between jurisprudence and different categories of property law, including that about intellectual, personal, and real property. the study delves into the intricate realm of property law in India, exploring its philosophical underpinnings, legal frameworks, and societal implications. Through an analysis of jurisprudential perspectives, including those of Austin, Salmond, and Bentham, the research elucidates the multifaceted nature of property rights, encompassing tangible and intangible assets and spanning diverse legal theories. The
paper examines the jurisprudential principles of legal positivism, natural law, and legal realism that influence property law in India. It looks at how they affect several kinds of property, including properties, personal, and intellectual property. The study focuses on multiple types of property theories, such as natural law, labour theory, historical theory, and psychology theory, to comprehend the varied viewpoints that influence property rights and ownership. To shed light on the legal ramifications and distinctions between various property types such as real and movable, and immovable, personal corporeal and incorporeal, the
research also looks at these distinctions. The research demonstrates how property rights in India have changed over time, moving from being regarded as basic rights to common legal rights. It adds to a more sophisticated comprehension of Indian property law.