Property and Community by Gregory S. Alexander

Property and Community

byGregory S. Alexander, Eduardo M. Penalver

Hardcover | February 5, 2010

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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 byproperty 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 differsfrom 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 andsocial institutions both inside and outside of the United States are discussed. Alexander and Penalver 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 thelens 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.

About The Author

Gregory Alexander, a nationally renowned expert in property law, has taught at Cornell Law School since 1985. Alexander has been a Fellow at the Center for Advanced Study in the Behavioral Science, in Palo Alto, California and at the Max-Planck-Institute for Comparative and International Law, in Hamburg and Heidelberg, Germany. Mr. Al...

Details & Specs

Title:Property and CommunityFormat:HardcoverDimensions:240 pages, 9.2 × 6.3 × 1 inPublished:February 5, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195391578

ISBN - 13:9780195391572

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Table of Contents

Gregory S. Alexander and Eduardo M. Penalver: Introduction: Property and Community1. David Lametti: The Objects of Virtue2. Hanoch Dagan: Re-Imagining Takings Law3. Joseph William Singer: How Property Norms Construct the Externalities of Ownership4. A. J. van der Walt: Property and Marginality5. Nomi Maya Stolzenberg: Facts on the Ground6. Avital Margalit: Commons and Legality7. Kevin Gray: The Legal Order of the Queue