Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Peñalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the ...
The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v.
New to the 8th Edition: The California Supreme Court’s 2020 decision, In re Brace, which upended almost a century of community property law, leaving many unresolved questions in its wake.
Community Property Law in the United States
Now with a new co-author, Sally Brown Richardson, Community Property in the United States is the longest-running community property casebook that discusses community property law in all nine community property states: the eight states that ...
This thorough casebook provides a deep and current analysis of California Community Property issues in a format proven effective through years of successful use in the classroom. When you review...
Community Property in the United States: A Comparative Study by Cases, Materials, and Problems
Community Property in California: Cases, Statutes, Problems
Summarizes the marital property laws dealing with creation, management and termination of community property in nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin).
California Community Property Law: A Treatise on Marital Property Rights