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Author : Gregory S. Alexander
Publisher : Cambridge University Press
Page : 247 pages
File Size : 37,93 MB
Release : 2012-04-09
Category : Law
ISBN : 0521113652
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 504 pages
File Size : 33,43 MB
Release : 1990-01-26
Category : Philosophy
ISBN : 1316583473
This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.
Author : Billy Christmas
Publisher : Routledge
Page : 250 pages
File Size : 37,25 MB
Release : 2021-03-30
Category : Philosophy
ISBN : 1000370070
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author : Oded Goldreich
Publisher : Cambridge University Press
Page : 473 pages
File Size : 19,18 MB
Release : 2017-11-23
Category : Computers
ISBN : 1107194059
An extensive and authoritative introduction to property testing, the study of super-fast algorithms for the structural analysis of large quantities of data in order to determine global properties. This book can be used both as a reference book and a textbook, and includes numerous exercises.
Author : Carol M Rose
Publisher : Routledge
Page : 289 pages
File Size : 18,42 MB
Release : 2019-09-05
Category : Social Science
ISBN : 1000308359
With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both approaches and laying the groundwork for a theory to bridge the gap between them.
Author : Gregory S. Alexander
Publisher : Oxford University Press
Page : 393 pages
File Size : 13,36 MB
Release : 2018
Category : Law
ISBN : 019086074X
Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
Author : Robert Nichols
Publisher : Duke University Press
Page : 154 pages
File Size : 41,28 MB
Release : 2019-12-20
Category : Social Science
ISBN : 1478007508
Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
Author : Shelly Kreiczer-Levy
Publisher : Cambridge University Press
Page : 201 pages
File Size : 34,15 MB
Release : 2019-11-14
Category : Law
ISBN : 1108475272
This book studies the rise of access over ownership and the sharing economy's challenges to the liberal vision of property.
Author : Frank K. Upham
Publisher : Cambridge University Press
Page : 165 pages
File Size : 15,59 MB
Release : 2018-02
Category : Business & Economics
ISBN : 1108422837
Explains the role of property law in growth and development over five centuries and across several different countries and cultures.
Author : J. E Penner
Publisher : Oxford University Press
Page : 257 pages
File Size : 18,33 MB
Release : 2020-02-14
Category : Law
ISBN : 0192565796
Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.