Property Rights: A Re-Examination

Property Rights: A Re-Examination
Author: J. E Penner
Publisher: Oxford University Press
Total Pages: 338
Release: 2020-02-14
Genre: 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.

Property Rights

Property Rights
Author: J. E. Penner
Publisher:
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0198830122

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence. Book jacket.

Property Rights and Social Justice

Property Rights and Social Justice
Author: Rachael Walsh
Publisher: Cambridge University Press
Total Pages: 321
Release: 2021-06-10
Genre: Law
ISBN: 110842693X

Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.

Research Handbook on Property, Law and Theory

Research Handbook on Property, Law and Theory
Author: Chris Bevan
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2024-08-06
Genre: Law
ISBN: 1802202064

This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyƕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.

Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy
Author: National Research Council
Publisher: National Academies Press
Total Pages: 352
Release: 2003-09-11
Genre: Political Science
ISBN: 0309086361

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines
Author: Joo-Young Lee
Publisher: Routledge
Total Pages: 356
Release: 2016-03-09
Genre: Law
ISBN: 1317187806

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

Selected Texts of Legal Instruments in International Environmental Law

Selected Texts of Legal Instruments in International Environmental Law
Author: United Nations Environment Programme
Publisher: UNEP/Earthprint
Total Pages: 751
Release: 2005
Genre: Science
ISBN: 9280725645

Each of our actions, each of our decisions, has a direct link to whether the world as we know it today will survive, or succumb during the lifetime of our children. Success in combating environmental degradation is dependent on the full participation of all actors in society. One of the major challenges that legal stakeholders in developing countries and countries with economies in transition face is getting access to relevant information and material on environmental law. This publication is designed to meet that demand and serve as a source of reference of basic documents on international environmental law. Publishing Agency: United Nations Environment Programme (UNEP).