This book presents the state of the art philosophical thinking about property law and is required reading for anyone with interests in the field.
Christopher Essert, Notre Dame Philosophical Reviews
Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find?
The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.
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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.
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Introduction ; 1. To Bestow Stability upon Possession': Hume's Alternative to Locke ; 2. Productive Use in Acquisition, Accession, and Labour Theory ; 3. Property and Necessity ; 4. Private Property and Public Welfare ; 5. Average Reciprocity of Advantage ; 6. Some Strings Attached: The Morality of Proprietary Estoppel ; 7. Possession and Use ; 8. Possession and the Distractions of Philosophy ; 9. The Relativity of Title and Causa Possessionis ; 10. Defining Property Rights ; 11. On the Very Idea of Transmissible Rights ; 12. Psychologies of Property (and Why Property is not a Hawk-Dove Game) ; 13. Property and Disagreement ; 14. Emergent Property
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All new articles from leading figures in the field of property law.
Serves as an introduction to the subject of philosophical foundations of property law and offers a 'state of play' in philosophising about property
Coverage of both philosophical traditions in relation to property and particular topics of possession, transmissibility of rights and ownership
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Henry Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. He teaches in the areas of property, intellectual property, natural resources, remedies, and taxation. He has written primarily on the law and economics of property and intellectual property.
James Penner is Professor of Law at the National University of Singapore, He teaches and writes in the areas of the law and philosophy of property, the law of trusts and fiduciaries law, and generally in the philosophy of law.
Les mer
All new articles from leading figures in the field of property law.
Serves as an introduction to the subject of philosophical foundations of property law and offers a 'state of play' in philosophising about property
Coverage of both philosophical traditions in relation to property and particular topics of possession, transmissibility of rights and ownership
Les mer
Produktdetaljer
ISBN
9780199673582
Publisert
2013
Utgiver
Vendor
Oxford University Press
Vekt
752 gr
Høyde
240 mm
Bredde
162 mm
Dybde
34 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
400