Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the `practice' of property and the `practice' of contract is essential for a proper understanding, but the failure to do so is common. As the author shows, it mars both Locke's and Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of property–that is a question which concerns the justice of the economy–gift, command, market, or mixed–that distributes all values, not just rights in property. The important `distributional' question about property is this: to what values does the property practice apply? Why does it apply to castles and cars, books and bank balances, but not to our body parts and our labour, nor to our employment contracts and our sexuality? In answer the author develops a distinction between persons and our personality-rich relationships which cannot be objects of property, and `things', both land and objects and personality-poor relationships like debts, which can.
Les mer
This book presents an alternative viewpoint in the ongoing dialogue on property. Dr Penner takes an original approach to the idea of property, placing it within the broader system of rules, rights and powers that make up the legal system. He distinguishes the rules of property from the rules of contract.
Les mer
Introduction ; The Elements of a Normative System ; The Individuation of the Law of Property ; The Right to Property: The Exclusion Theses ; The Objects of Property: The Reparability Thesis ; The Duty of Non-Interference and Ownership ; Property and Contract I: The Power to Sell and the Influence of Markets ; Property and Contract II: Hegel's Idea of Property ; Property and Contract III: Locke and the Consent to Market Distribution ; The Role of Property ; Bibliography
Les mer
Winner of the 1997 SPTL first prize for Outstanding Legal Scholarship
Attacks a difficult subject in a lively, accessible style Adopts a fresh and provocative approach to property law, challenging the concept that property is merely a `bundle of rights' Dr Penner's original approach is thought provoking and extends the debate on property theory 1998 SPTL prize winner for the best work by a new scholar
Les mer
Dr James Penner is Professor of Property Law at University College London
Attacks a difficult subject in a lively, accessible style Adopts a fresh and provocative approach to property law, challenging the concept that property is merely a `bundle of rights' Dr Penner's original approach is thought provoking and extends the debate on property theory 1998 SPTL prize winner for the best work by a new scholar
Les mer

Produktdetaljer

ISBN
9780198299264
Publisert
2000
Utgiver
Oxford University Press
Vekt
396 gr
Høyde
234 mm
Bredde
156 mm
Dybde
15 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
250

Forfatter

Biografisk notat

Dr James Penner is Professor of Property Law at University College London