Contemporary Property Rights Issues

First published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title 'Contemporary Issues in Property Law'. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference - or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates - can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.

A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.

Examines how our diverse understandings of property impact real-world governing strategies. Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies. “This book is unique in the field of property theory. First, its essays are rooted in the perspectives of many different fields. Second, the areas that it covers and the vast majority of its content are highly original. While the idea that property and governance are intimately connected is not original, the contributions that the book makes to that idea definitely are. It was fascinating and very useful reading.” — Laura S. Underkuffler, author of The Idea of Property: Its Meaning and Power

This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of “nature” as “property” and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.

First published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title ‘Contemporary Issues in Property Law’. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference – or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates – can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.

Published in 1999. Questions of human rights, changes in social structures, economic climates and technological developments all impact on property law. This edited collection provides an in-depth analysis of present law and practical proposals for the future, written by the foremost international figures in the field from a variety of theoretical and professional backgrounds.

When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.