Philosophical Foundations of Property Law

Hardcover | December 3, 2013

EditorJames Penner, Henry Smith

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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 andefficiency. 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 anddistributive 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 propertylaw 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.

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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 andefficiency. Until recently there has been a rel...

James Penner is Professor of Property Law at University College London. He was the deputy chief examiner of the Law of Trusts for the University of London External LL.B, and now serves the programme in the capacity of Chief Examiner in Jurisprudence. Professor Penner writes on trusts law, the law and philosophy of property, and general...

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Format:HardcoverDimensions:450 pages, 9.21 × 6.14 × 0.1 inPublished:December 3, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199673586

ISBN - 13:9780199673582

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Table of Contents

James Penner and Henry E. Smith: Introduction1. Jeremy Waldron: To Bestow Stability upon Possession': Hume's Alternative to Locke2. Eric R. Claeys: Productive Use in Acquisition, Accession, and Labour Theory3. Dennis Klimchuk: Property and Necessity4. Alan Brudner: Private Property and Public Welfare5. Brian Angelo Lee: Average Reciprocity of Advantage6. Irit Samet: Some Strings Attached: The Morality of Proprietary Estoppel7. Arthur Ripstein: Possession and Use8. Lisa M. Austin: Possession and the Distractions of Philosophy9. Larissa Katz: The Relativity of Title and Causa Possessionis10. Simon Douglas and Ben McFarlane: Defining Property Rights11. James Penner: On the Very Idea of Transmissible Rights12. Carol M. Rose: Psychologies of Property (and Why Property is not a Hawk-Dove Game)13. Stephen R. Munzer: Property and Disagreement14. Henry E. Smith: Emergent Property