Philosophical Foundations Of Property Law
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Philosophical Foundations of Property Law
Author | : James Penner,Henry Smith |
Publsiher | : Oxford University Press |
Total Pages | : 398 |
Release | : 2013-11 |
Genre | : Law |
ISBN | : 9780199673582 |
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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.
The Philosophical Foundations of Property Rights
Author | : Alan B. Carter |
Publsiher | : Unknown |
Total Pages | : 168 |
Release | : 1989 |
Genre | : Property |
ISBN | : STANFORD:36105038523507 |
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The Philosophical Foundations of Environmental Law
Author | : Sean Coyle,Karen Morrow |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 224 |
Release | : 2004-04-22 |
Genre | : Law |
ISBN | : 9781847310330 |
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Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such,'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.
Property Rights Routledge Revivals
Author | : Lawrence C. Becker |
Publsiher | : Routledge |
Total Pages | : 146 |
Release | : 2014-06-17 |
Genre | : Philosophy |
ISBN | : 9781317703303 |
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Property Rights: Philosophic Foundations, first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory.
Property Theory
Author | : James Penner,Michael Otsuka |
Publsiher | : Cambridge University Press |
Total Pages | : 253 |
Release | : 2018-08-30 |
Genre | : Law |
ISBN | : 9781108422420 |
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The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Philosophical Foundations of the Law of Equity
Author | : Dennis Klimchuk,Irit Samet,Henry E. Smith |
Publsiher | : Oxford University Press |
Total Pages | : 400 |
Release | : 2020-04-02 |
Genre | : Law |
ISBN | : 9780192549877 |
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The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
The Philosophical Foundations of Environmental Law
Author | : Sean Coyle |
Publsiher | : Unknown |
Total Pages | : 228 |
Release | : 2004 |
Genre | : Electronic books |
ISBN | : 1472562968 |
Download The Philosophical Foundations of Environmental Law Book in PDF, Epub and Kindle
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such, 'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.
Property Rights
Author | : Lawrence C. Becker |
Publsiher | : Routledge/Thoemms Press |
Total Pages | : 135 |
Release | : 1977 |
Genre | : Political Science |
ISBN | : 0710006063 |
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