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Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 232 pages
File Size : 29,48 MB
Release : 2001-06-18
Category : Business & Economics
ISBN : 9780521640015
This collection of essays examines central issues of property theory from a variety of perspectives.
Author : James Penner
Publisher : Cambridge University Press
Page : 253 pages
File Size : 35,14 MB
Release : 2018-08-30
Category : Law
ISBN : 110842242X
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Author : David Estlund
Publisher : Oxford University Press, USA
Page : 457 pages
File Size : 19,94 MB
Release : 2012-07-19
Category : 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.
Author : Margaret Jane Radin
Publisher : University of Chicago Press
Page : 279 pages
File Size : 45,91 MB
Release : 2009-04-03
Category : Political Science
ISBN : 0226702294
This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
Author : Carol M. Rose
Publisher :
Page : 317 pages
File Size : 45,71 MB
Release : 1994
Category : Social Science
ISBN : 9780813385549
In an era in which socialism has been widely discredited, the moral and legal status of private property is crucial, and property theory has become one of the most active and exciting battlegrounds of contemporary political and social thought. In this important contribution to the theory of property, Carol Rose sympathetically examines the two currently dominant traditions--neoconservative utilitarianism and liberal communitarianism--acknowledging the strengths of each and laying the groundwork for a theory to bridge the gap between them.By insisting that community norms must underlie any property regime, she expands the horizons of property theory, exploring the role of narrative and storytelling in the establishment of these norms. The result is a study that credits the insights of rival views and breaks new ground both substantively in its implications for understanding property and methodologically in its application of the study of narrative to property law. Property and Persuasion is a valuable contribution to legal theory as well as to political and social philosophy, and it is essential reading for students and professionals in all these fields.
Author : Carol M Rose
Publisher : Routledge
Page : 289 pages
File Size : 29,10 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 : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 504 pages
File Size : 16,32 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 : Laura S. Underkuffler
Publisher : Oxford University Press, USA
Page : 216 pages
File Size : 26,35 MB
Release : 2003
Category : 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.
Author : Gregory S. Alexander
Publisher : Cambridge University Press
Page : 247 pages
File Size : 48,12 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 : Douglas Maxwell
Publisher : Bloomsbury Publishing
Page : 469 pages
File Size : 33,48 MB
Release : 2022-07-14
Category : Law
ISBN : 1509961127
“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.