The concept of possession in the common law

Abstract

It is frequently held to-day that there is no coherent concept of possession in the Common Law, that there are, rather, disparate rules for the use of the word 'possession' in separate branches or areas of the law. Against this it shall be argued here that 'possession' initially enters the law not as a technical term, but as an infre-jural relation of fact, recognised and protected by the law and used by it as the basis for obvious but important rights and obligations.