The Metaphysics Of Property

The Metaphysics of Property A Tract Book Essay By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar Critical Legal Studies and Postmodern legal scholars have argued that Property is an artificial construct and should not really be given a special place in the legal curriculum or the common law. I, on the other hand, argue that Real Property is different than Personal Property, and is certainly different than Contract. Our first clue to the notion that Property is different is found in the ancient medieval custom of Enfoeffment where the Feudal Lord passes on Seisin in Real Property to a Vassal. This enfoeffement ceremony involved the Feudal Lord, literally handing the Vassal a lump of soil from the ground and handed it to the Vassal. This lump of Soil, symbolizing Seisin, involves the use of the Metaphysical Quiddity of Substance. Real Property, then, is a Substantial Interest factually, and Metaphysically. Personal Property is treated differently than Real Property under the Common Law. Personal Property is movable property. In Metaphysical terms, the Metaphysical Quiddity of Being, best represents and is the basis for, Personal Property. The distinction between the two is found in Catholic religious life where Catholic religious were not allowed to own Real Property, but could hold an Equitable Use in Personal Property. Catholic religious could only own land, that is, Real Property, indirectly through the use of an equitable stock ownership interest in a Corporation which held title to the Real Property.

Finally, Contract is based upon the Metaphysical Quiddity of Form. The form of the Contract is that which is most important at the Common Law. Equity in Being can only intervene where there is no adequate remedy at law.