The Idea Of Property In Law

Author : James E. Penner
Publisher : Oxford University Press
ISBN 13 : 9780198260295
Total Pages : 262 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Idea of Property in Law written by James E. Penner and published by Oxford University Press. This book was released on 1997 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : James E. Penner
Publisher :
ISBN 13 : 9780191714313
Total Pages : 240 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Idea of Property in Law written by James E. Penner and published by . This book was released on 2000 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an alternative viewpoint in the ongoing dialogue on property. Dr Penner places the idea of property within the broader system of rules, rights and powers which make up the legal system.

Author : James Penner
Publisher : OUP Oxford
ISBN 13 : 0191654523
Total Pages : 450 pages
Book Rating : 4.27/5 ( download)

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Download or read book Philosophical Foundations of Property Law written by James Penner and published by OUP Oxford. This book was released on 2013-11-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : J.E. Penner
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Idea of Property in Law written by J.E. Penner and published by . This book was released on 1997 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : pages
Book Rating : 4.87/5 ( download)

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Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Author : Laura S. Underkuffler
Publisher : Oxford University Press, USA
ISBN 13 : 9780199254187
Total Pages : 216 pages
Book Rating : 4.84/5 ( download)

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Download or read book The Idea of Property written by Laura S. Underkuffler and published by Oxford University Press, USA. This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Stuart Banner
Publisher : Harvard University Press
ISBN 13 : 0674060822
Total Pages : 375 pages
Book Rating : 4.21/5 ( download)

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Download or read book American Property written by Stuart Banner and published by Harvard University Press. This book was released on 2011-07-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jeremy Waldron
Publisher : Cambridge University Press
ISBN 13 : 1139576984
Total Pages : 133 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Rule of Law and the Measure of Property written by Jeremy Waldron and published by Cambridge University Press. This book was released on 2012-06-21 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

Author : Professor James Charles Smith
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140948470X
Total Pages : 483 pages
Book Rating : 4.07/5 ( download)

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Download or read book Property and Sovereignty written by Professor James Charles Smith and published by Ashgate Publishing, Ltd.. This book was released on 2014-01-28 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1108418546
Total Pages : 343 pages
Book Rating : 4.46/5 ( download)

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Download or read book A Liberal Theory of Property written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2021-04-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.