Property Rights A Re Examination
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Property Rights A Re Examination
Author | : J. E Penner |
Publsiher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2020-02-14 |
Genre | : Law |
ISBN | : 9780192565792 |
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Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.
Property Rights A Re Examination
Author | : James Penner |
Publsiher | : Oxford University Press |
Total Pages | : 256 |
Release | : 2020-02-14 |
Genre | : Law |
ISBN | : 9780192565785 |
Download Property Rights A Re Examination Book in PDF, Epub and Kindle
Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title, the right to immediate, exclusive, possession, and the power to licence what would otherwise be a trespass, and to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.
Fundamentals of United States Intellectual Property Law Copyright Patent and Trademark
Author | : Amanda Reid,Sean Tu,Kenneth L. Port |
Publsiher | : Kluwer Law International B.V. |
Total Pages | : 588 |
Release | : 2018-08-10 |
Genre | : Law |
ISBN | : 9789403501406 |
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Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Despotic Dominion
Author | : John McLaren,A. R. Buck,Nancy E. Wright |
Publsiher | : UBC Press |
Total Pages | : 332 |
Release | : 2005 |
Genre | : History |
ISBN | : 0774810734 |
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"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.
Property Theory
Author | : James Penner,Michael Otsuka |
Publsiher | : Cambridge University Press |
Total Pages | : 253 |
Release | : 2018-08-30 |
Genre | : Law |
ISBN | : 9781108422420 |
Download Property Theory Book in PDF, Epub and Kindle
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
The Enforcement of Intellectual Property Rights in China
Author | : Jianqiang Nie |
Publsiher | : Cameron May |
Total Pages | : 531 |
Release | : 2006 |
Genre | : Dispute resolution (Law) |
ISBN | : 9781905017287 |
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Re examining Insolvency Law and Theory
Author | : Emilie Ghio,John M. Wood,Jennifer L.L. Gant |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 313 |
Release | : 2023-12-11 |
Genre | : Law |
ISBN | : 9781803928760 |
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An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
Manual of Patent Examining Procedure
Author | : United States. Patent and Trademark Office |
Publsiher | : Unknown |
Total Pages | : 768 |
Release | : 1997 |
Genre | : Patent laws and legislation |
ISBN | : UCBK:C064792094 |
Download Manual of Patent Examining Procedure Book in PDF, Epub and Kindle