Author : Hanoch Dagan
Publisher : Cambridge University Press
Page : 343 pages
File Size : 35,73 MB
Release : 2021-04-15
Category : Business & Economics
ISBN : 1108418546
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author : Billy Christmas
Publisher : Routledge
Page : 250 pages
File Size : 25,28 MB
Release : 2021-03-30
Category : Philosophy
ISBN : 1000370070
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 504 pages
File Size : 50,77 MB
Release : 1990-01-26
Category : Philosophy
ISBN : 1316583473
This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.
Author : John Christman
Publisher : Oxford University Press
Page : 232 pages
File Size : 43,14 MB
Release : 1994-07-14
Category : Philosophy
ISBN : 0195358880
The Myth of Property is the first book-length study to focus directly on the variable and complex structure of ownership. It critically analyzes what it means to own something, and it takes familiar debates about distributive justice and recasts them into discussions of the structure of ownership. The traditional notion of private property assumed by both defenders and opponents of that system is criticized and exposed as a "myth." The book then puts forward a new theory of what it means to own something, one that will be important for any theory of distributive justice. This new approach more adequately reveals the disparate social and individual values that property ownership serves to promote. The study has importance for understanding the reform of capitalist and welfare state systems, as well as the institution of market economies in former socialist states, for the view developed here makes the traditional dichotomy between private ownership capitalism and public ownership socialism obsolete. This new approach to ownership also places egalitarian principles of distributive justice in a new light and challenges critics to clarify aspects of property ownership worth protecting against calls for greater equality. The book closes by showing how defenders of egalitarianism can make use of some of the ideas and values that traditionally made private property appear to be such a pervasive human institution.
Author : Martin O'Neill
Publisher : John Wiley & Sons
Page : 338 pages
File Size : 22,33 MB
Release : 2012-01-17
Category : Philosophy
ISBN : 1444355171
Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy. Offers new and essential insights into Rawls's idea of "property-owning democracy" Addresses the proposed political and economic institutions and policies which Rawls's theory would require Considers radical alternatives to existing forms of capitalism Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future
Author : David James
Publisher : Cambridge University Press
Page : 235 pages
File Size : 24,17 MB
Release : 2011-01-20
Category : Philosophy
ISBN : 1139495410
In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and the differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context.
Author : James Tully
Publisher : Cambridge University Press
Page : 216 pages
File Size : 18,36 MB
Release : 1982-10-07
Category : Business & Economics
ISBN : 9780521271400
John Locke's theory of property is perhaps the most distinctive and the most influential aspect of his political theory. In this book James Tully uses an hermeneutical and analytical approach to offer a revolutionary revision of early modern theories of property, focusing particularly on that of Locke. Setting his analysis within the intellectual context of the seventeenth century, Professor Tully overturns the standard interpretations of Locke's theory, showing that it is not a justification of private property. Instead he shows it to be a theory of individual use rights within a framework of inclusive claim rights. He links Locke's conception of rights not merely to his ethical theory, but to the central arguments of his epistemology, and illuminates the way in which Locke's theory is tied to his metaphysical views of God and man, his theory of revolution and his account of a legitimate polity.
Author : Crawford Brough Macpherson
Publisher : University of Toronto Press
Page : 228 pages
File Size : 13,84 MB
Release : 1978-01-01
Category : Business & Economics
ISBN : 9780802063366
The legitimate role of the state in relation to property and the justification of property institutions of various kinds are matters of increasing concern in the modern world. Political and social theorists, jurists, economists, and historians have taken positions for and against the property institutions upheld in their time by the state, and further dehate seems inevitable. This book brings together ten classic statements which set out the main arguments that are now appealed to and places them in historical and critical perspective. The extracts presented here - all substantial - are from Loeke, Rousseau, Bentham, Marx, Mill, Green, Veblen, Tawney, Morris Cohen, and Charles Reich. A note hy the editor at the head of each extract highlights the arguments in it and relates it to the time at which it was written. Professor Macpherson's introductory and concluding essays expose the roots of some common misconceptions of property, identify current changes in the concept of property, and predict future changes. Macpherson argues that a specific change in the concept (which now appears possible) is needed to rescue liberal democracy from its present impasse. Property is both a valuable text on a crucial topic in political and social theory and a significant contribution to the continuing debate
Author : Margaret Jane Radin
Publisher : University of Chicago Press
Page : 279 pages
File Size : 19,40 MB
Release : 2009-04-03
Category : Political Science
ISBN : 0226702294
This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
Author : Peter Cane
Publisher : Oxford University Press, USA
Page : 1071 pages
File Size : 46,19 MB
Release : 2005
Category : Law
ISBN : 9780199248179
This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.
