The Foundations Of Property Law
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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.
Author | : James Penner |
Publisher | : |
Total Pages | : 398 |
Release | : 2013-11 |
Genre | : Law |
ISBN | : 0199673586 |
This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.
Author | : Muhammad Gangat |
Publisher | : Independently Published |
Total Pages | : 256 |
Release | : 2019-04-06 |
Genre | : |
ISBN | : 9781092928007 |
This book covers the foundations of UK Property Law, consisting of Land & Equity Law. This covers many essential sections such as: What is Land? What is Title? What is Possession? Leases & Licenses Easements Freehold & Leasehold Covenants Co-Ownership Registered & Unregistered Land Proprietary Remedies What are Trusts? Expres Trusts Implied Trusts Trustees Powers & Duties Doctrine of Overriding & Overreaching Interests Tracing Unincorporated Associations And many more... Through the use of examples and simplistic definitions, this is a student written guide to make tackling Land & Equity as simple as possible. Case facts, judgements and commentary are all provided, giving you the necessary knowledge to ace your Land or Equity exams! Coupled with light humour to make studying a lot more bearable, this guide supports you step-by-step to understanding Property Law, its concepts, the relevant definitions and content. This is really and truly unique in that it is truly engaging and simple to follow and understand. "It's like the CGP Revision Guide for Property Law!" Lamya Al-Yazdi, Year 2 LLB at SOAS University of London
Author | : GRAHAM. ODELL BATTERSBY (PETER.) |
Publisher | : |
Total Pages | : |
Release | : 2018 |
Genre | : Land tenure |
ISBN | : 9781788084260 |
Author | : Claire Priest |
Publisher | : Princeton University Press |
Total Pages | : 248 |
Release | : 2022-12-20 |
Genre | : Business & Economics |
ISBN | : 0691241724 |
How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.
Author | : Christian von Bar |
Publisher | : Oxford University Press |
Total Pages | : 481 |
Release | : 2023-08-25 |
Genre | : Law |
ISBN | : 0198885423 |
Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.
Author | : Robert C. Ellickson |
Publisher | : Aspen Publishing |
Total Pages | : 544 |
Release | : 2023 |
Genre | : Property |
ISBN | : 1543808980 |
"A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--
Author | : Svetozar Pejovich |
Publisher | : |
Total Pages | : 328 |
Release | : 1997 |
Genre | : Business & Economics |
ISBN | : |
Property rights form the relationship between individuals and their goods. They are the cornerstone of the pricing, supply and fair allocation of scarce resources between people. This is a collection of writings from the founders of the field, including James M. Buchanan and Douglass C. North.
Author | : James Gordley |
Publisher | : OUP Oxford |
Total Pages | : 496 |
Release | : 2006-01-05 |
Genre | : Law |
ISBN | : 0191021717 |
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Author | : Edward Rabin |
Publisher | : Foundation Press |
Total Pages | : 0 |
Release | : 2011-03-10 |
Genre | : Real property |
ISBN | : 9781634601689 |
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. Rabin, Kwall, Kwall, and Arnold's Fundamentals of Modern Property Law tracks contemporary trends in property law with particular attention to emerging issues of environmental sustainability. The problem-based structure of the casebook comports with the student learning outcomes and assessment approach emphasized in recent years by the American Bar Association and the Carnegie Endowment Report. This edition provides a comprehensive introduction to intellectual property law. The novel legal problems raised by advances in technology demand that students receive early exposure to this area of law. This edition also emphasizes a planning perspective since lawyers spend a significant amount of time planning, as well as resolving controversies.