For those who wish to think - or re-think - deeply about the nature of property and its place within the law and within our lives, The Idea of Property in Law is a very good place to start.
Brian Bix, Philosophy in Review
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 to effectively 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.
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In this text, property is situated in the broader system of rules, rights and powers which make up the legal system. Distinguishing the rules of property from the rules of contract, the book argues that sharing and giving are central to our notion of property, but that the right to sell is not.
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Introduction ; The Elements of a Normative System ; The Individuation of the Law of Property ; The Right to Property: The Exclusion Theses ; The Objects of Property: The Reparability Thesis ; The Duty of non-interference and Ownership ; Property and Contract I: The Power to Sell and the Influence of Markets ; Property and Contract II: Hegel's Idea of Property ; Property and Contract III: Locke and the Consent to Market Distribution ; The Role of Property ; Bibliography
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For those who wish to think - or re-think - deeply about the nature of property and its place within the law and within our lives, The Idea of Property in Law is a very good place to start.
`For those who wish to think - or re-think - deeply about the nature of property and its place within the law and within our lives, The Idea of Property in Law is a very good place to start.'
Brian Bix, Philosophy in Review
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Winner of the 1997 SPTL first prize for Outstanding Legal Scholarship
Produktdetaljer
ISBN
9780198260295
Publisert
1997
Utgiver
Vendor
Oxford University Press
Vekt
547 gr
Høyde
243 mm
Bredde
159 mm
Dybde
21 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
250
Forfatter