Property and Justice

Paperback | October 15, 2001

byJ. W. Harris

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When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mindsomething that philosophers would recognize as 'justice'.Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice.Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.

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When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mindsomething that philosophers would recognize as 'just...

J. W. Harris is a Fellow and Tutor in Law, Keble College, Oxford, and Professor of Law, University of Oxford.

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Format:PaperbackDimensions:416 pages, 9.21 × 6.14 × 0.87 inPublished:October 15, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199251401

ISBN - 13:9780199251407

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Table of Contents

Part I: What is Property?1. Introduction2. Imaginary Societies3. Minimal Structure4. Building on the Minimal Structure5. Ownership as an Organizing Idea6. Ownership as a Principle7. Private and Non-private Property8. Person-Thing and Person-Person Relations9. What Property isPart II: Is Party Just?10. The Agenda11. Natural Property Rights and Labour12. Natural Property Rights and the Assault Analogy13. Property and Freedom14. Against Property Freedoms15. The Instrumental Values of Property16. Alleged Dominating Principles17. The Limits of Property18. Property is Just, to a Degree, SometimesBibliographyIndex

Editorial Reviews

`The primary audience for this book will be philosophers of law, who will find the philosophical analysis and arguments about property as it features in Anglo-American law very enlightening.'Peter Vallentyne, Virginia Commonwealth University, Mind, no 108, no 431, July 1999