Property: Values and Institutions

Hardcover | March 18, 2011

byHanoch Dagan

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Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges.In Property: Values and Institutions, Hanoch Dagan covers numerous property issues to provide a liberal theory of property. He analyzes the interactions between landowners and governments (both eminent domain and regulatory takings) and those regulating the governance of property owned by multipleindividuals (such as co-ownership, marital property, and the law of common interest communities).Two additional features of this book are the emphasis on groups and the attempt to look at property law from a broad institutional perspective to show that property law serves as the foundation for the organization of various types of groups and communities.For legal realists, the three parts analyzed in this book, Property, State, and Community are not viewed as separate and distinct but inter-connected. It views property as an important legal regime intended to protect important individualistic values such as autonomy, personhood, and desert, and ashield for private individuals against the power of both the state and the community. It also views property as a major instrument in the pursuit of other worthy goals of the liberal state, such as aggregate welfare, social responsibility, and distributive justice.

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Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges.In Property: Values and Institutions, Hanoch Dagan covers numerous property issues to provide a liberal theory of property. He analyzes the interactions between landowners and governments (bo...

Hanoch Dagan is the Dean of the Tel Aviv University Faculty of Law and the founding director of the Zvi Meitar Center of Advanced Legal Studies at TAU. He is also a member of the American Law Institute and of the International Academy of Comparative Law. Professor Dagan wrote Unjust Enrichment: A Study of Private Law and Public Values...

other books by Hanoch Dagan

Format:HardcoverDimensions:352 pages, 9.25 × 6.12 × 0.98 inPublished:March 18, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019973786X

ISBN - 13:9780199737864

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Table of Contents

I. PrologueII. Property1. The Craft of Property2. Exclusion and Inclusion in Property3. From Independence and Interdependence to the Pluralism of Property4. Property and the Public DomainIII. State5. Takings and Distributive Justice6. Just Compensation, Incentives, and Social Meanings7. Re-Imagining Takings LawIV. Community8. The Liberal Commons9. Properties of Marriage10. Conflicts in PropertyIndex