This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
2 See, for example, Thomas F. Bergin and Paul G. Haskell, Preface to Estates in Land and Future Interests, 2d ed. (Mineola, N.Y.: Foundation Press, 1984), chs. 2–4 (life estate holder and future interest holder); Cornelius J. Moynihan, ...
New York: St. Martin's Press. ———. 1974. Anarchy, State, and Utopia. New York: Basic Books. ———. July 26, 2011. An Interview with Julian Sanchez. http://www.julian sanchez.com/an-interview-with-robert-nozick-july-26-2001/12/5/17.
Gregory S. Alexander ... For an analysis of South Africa's experience with its constitutional right to housing, see Gregory S. Alexander, The Global Debate over Constitutional Property (2006). Property and Human Flourishing.
This book can be used both as a reference book and a textbook, and includes numerous exercises.
Explains the role of property law in growth and development over five centuries and across several different countries and cultures.
This has been further confused in the English reception of Hegel, since the term Zerreißung has also been translated as “diremption,” as it is in Nisbet's Philosophy of Right, e.g., “In this realm, [the process of] differentiation comes ...
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
This book answers the property/power puzzle by undertaking a broad historical inquiry into its intellectual origins and present-day effects through a series of case studies, including: Marxism vs. anarchism * the fascist assertion of the ...
Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory.
This collection of essays examines central issues of property theory from a variety of perspectives.