The Idea of Property in Law

The Idea of Property in Law
Author: James E. Penner
Publisher: Oxford University Press
Total Pages: 262
Release: 1997
Genre: Property
ISBN: 9780198260295

In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

The Idea of Property

The Idea of Property
Author: Laura S. Underkuffler
Publisher: Oxford University Press, USA
Total Pages: 216
Release: 2003
Genre: Language Arts & Disciplines
ISBN: 9780199254187

Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.

American Property

American Property
Author: Stuart Banner
Publisher: Harvard University Press
Total Pages: 375
Release: 2011-07-01
Genre: Law
ISBN: 0674060822

In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

The Oxford Handbook of Political Philosophy

The Oxford Handbook of Political Philosophy
Author: David Estlund
Publisher: Oxford University Press, USA
Total Pages: 457
Release: 2012-07-19
Genre: Philosophy
ISBN: 0195376692

This volume includes 22 new pieces by leading political philosophers, on traditional issues (such as authority and equality) and emerging issues (such as race, and money in politics). The pieces are clear and accessible will interest both students and scholars working in philosophy, political science, law, economics, and more.

A Liberal Theory of Property

A Liberal Theory of Property
Author: Hanoch Dagan
Publisher: Cambridge University Press
Total Pages: 343
Release: 2021-04-15
Genre: Business & Economics
ISBN: 1108418546

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law
Author: James Penner
Publisher: OUP Oxford
Total Pages: 398
Release: 2013-11-28
Genre: Law
ISBN: 0191654523

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.

The Politics of Property

The Politics of Property
Author: Laura Brace
Publisher:
Total Pages: 256
Release: 2004
Genre: Liberty
ISBN: 9780748615353

The concept of property is central to political thought and crucial to understanding the ideas of key political thinkers. This book provides an up-to-date analysis of the idea, taking into account current debates about gender, slavery and colonialism, and introducing property as a contested concept in debates between thinkers, across ideologies and in political practice.Analysing key debates in the history of the idea of property, the book illustrates the ways in which the concept has informed the development of liberalism, socialism and conservatism. In addition, case studies show the intrinsic links between property as a political concept and issues of gender, race and class, grounding the theoretical work in real-life scenarios.Considering the relationship between property and power from a novel viewpoint, Laura Brace synthesises thinking from liberal and non-liberal traditions, feminist critique, critical race theory and postcolonialism. The book offers an introduction to modern political theory and to key political thinkers as well as to the particular concept of property and will be essential reading in a key area of politics, political philosophy and the history of political thought.Key Features:*Places politics of property within context of modern political theory*Engages with the work of Locke, Winstanley, Godwin, Bentham, Hegel and Marx*Covers core themes in political theory: the individual and community; freedom and authority; justice; equality; the state; human nature*Uses case studies to illuminate the arguments*Includes issues of race, gender and class

Property Theory

Property Theory
Author: James Penner
Publisher: Cambridge University Press
Total Pages: 253
Release: 2018-08-30
Genre: Law
ISBN: 110842242X

The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.

Property and Freedom

Property and Freedom
Author: Richard Pipes
Publisher: Vintage
Total Pages: 346
Release: 2007-12-18
Genre: Political Science
ISBN: 0307427358

"A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.