The Idea Of Property
Download The Idea Of Property full books in PDF, epub, and Kindle. Read online free The Idea Of Property ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : James E. Penner |
| Publisher | : Oxford University Press |
| Total Pages | : 262 |
| Release | : 1997 |
| Genre | : Property |
| ISBN | : 9780198260295 |
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 | : Laura S. Underkuffler |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 216 |
| Release | : 2003 |
| Genre | : 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 | : Stuart Banner |
| Publisher | : Harvard University Press |
| Total Pages | : 375 |
| Release | : 2011-07-01 |
| Genre | : Law |
| ISBN | : 0674060822 |
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 | : David Estlund |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 457 |
| Release | : 2012-07-19 |
| Genre | : 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 | : Hanoch Dagan |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 2021-04-15 |
| Genre | : Business & Economics |
| ISBN | : 1108418546 |
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
| 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 | : Cambridge University Press |
| Total Pages | : 253 |
| Release | : 2018-08-30 |
| Genre | : Law |
| ISBN | : 110842242X |
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
| Author | : Professor James Charles Smith |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 483 |
| Release | : 2014-01-28 |
| Genre | : Law |
| ISBN | : 140948470X |
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 | : Bart J. Wilson |
| Publisher | : Oxford University Press |
| Total Pages | : 304 |
| Release | : 2020-03-25 |
| Genre | : Business & Economics |
| ISBN | : 0190936800 |
What is property, and why does our species have it? In The Property Species, Bart J. Wilson explores how humans acquire, perceive, and know the custom of property, and why this might be relevant to understanding how property works in the twenty-first century. Arguing that neither the sciences nor the humanities synthesizes a full account of property, the book offers a cross-disciplinary compromise that is sure to be controversial: Property is a universal and uniquely human custom. Integrating cognitive linguistics with philosophy of property and a fresh look at property disputes in the common law, the book makes the case that symbolic-thinking humans locate the meaning of property within a thing. That is, all human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the origins of property lie not in food, mates, territory, or land, but in the very human act of creating, with symbolic thought, something new that did not previously exist. Written by an economist who marvels at the natural history of humankind, the book is essential reading for experts and any reader who has wondered why people claim things as "Mine!", and what that means for our humanity.
| Author | : Laura Brace |
| Publisher | : |
| Total Pages | : 256 |
| Release | : 2004 |
| Genre | : Liberty |
| ISBN | : 9780748615353 |
The concept of property is central to political thought and crucial to understanding the ideas of key political thinkers. This book provides an up-to-date analysis of the idea, taking into account current debates about gender, slavery and colonialism, and introducing property as a contested concept in debates between thinkers, across ideologies and in political practice.Analysing key debates in the history of the idea of property, the book illustrates the ways in which the concept has informed the development of liberalism, socialism and conservatism. In addition, case studies show the intrinsic links between property as a political concept and issues of gender, race and class, grounding the theoretical work in real-life scenarios.Considering the relationship between property and power from a novel viewpoint, Laura Brace synthesises thinking from liberal and non-liberal traditions, feminist critique, critical race theory and postcolonialism. The book offers an introduction to modern political theory and to key political thinkers as well as to the particular concept of property and will be essential reading in a key area of politics, political philosophy and the history of political thought.Key Features:*Places politics of property within context of modern political theory*Engages with the work of Locke, Winstanley, Godwin, Bentham, Hegel and Marx*Covers core themes in political theory: the individual and community; freedom and authority; justice; equality; the state; human nature*Uses case studies to illuminate the arguments*Includes issues of race, gender and class
