Philosophical Foundations of Property Law

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law

eBook

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Overview

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.

Product Details

ISBN-13: 9780191654534
Publisher: OUP Oxford
Publication date: 11/28/2013
Series: Philosophical Foundations of Law
Sold by: Barnes & Noble
Format: eBook
Pages: 450
File size: 2 MB

About the Author

Henry Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. He teaches in the areas of property, intellectual property, natural resources, remedies, and taxation. He has written primarily on the law and economics of property and intellectual property. James Penner is Professor of Law at the National University of Singapore, He teaches and writes in the areas of the law and philosophy of property, the law of trusts and fiduciaries law, and generally in the philosophy of law.

Table of Contents

Introduction, James Penner & Henry E. Smith1. To Bestow Stability upon Possession': Hume's Alternative to Locke, Jeremy Waldron2. Productive Use in Acquisition, Accession, and Labour Theory, Eric R. Claeys3. Property and Necessity, Dennis Klimchuk4. Private Property and Public Welfare, Alan Brudner5. Average Reciprocity of Advantage, Brian Angelo Lee6. Some Strings Attached: The Morality of Proprietary Estoppel, Irit Samet7. Possession and Use, Arthur Ripstein8. Possession and the Distractions of Philosophy, Lisa M. Austin9. The Relativity of Title and Causa Possessionis, Larissa Katz10. Defining Property Rights, Simon Douglas & Ben McFarlane11. On the Very Idea of Transmissible Rights, James Penner12. Psychologies of Property (and Why Property is not a Hawk-Dove Game), Carol M. Rose13. Property and Disagreement, Stephen R. Munzer14. Emergent Property, Henry E. Smith
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