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J.E. Penner
ISBN: 9780198260295
Format: Hardback
Publisher:Oxford University Press
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The common sense view that the right to property is 'the right to things' has long been regarded by lawyers and philosophers as impossible to sustain, given the broad range of property in the law and the reliance of philosophers on ideas of 'property' or 'ownership' to explain complex issues like privacy or civil rights like freedom of speech…
In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing to effectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle". Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.
| ISBN | 0198260296 | | Pages | 250 | | ISBN13 | 9780198260295
(What's this?) | | Volumes | 000 | | Publisher | Oxford University Press | | Weight (grammes) | 547 | | Imprint | Clarendon Press | | Published in | Oxford | | Format | Hardback | | Height (mm) | 234 | | Publication date | 27 Feb 1997 | | Width (mm) | 156 | | Library of Congress | K720.P46 1 | | Spine width (mm) | 20 | | DEWEY | 346.04 | | Academic level | Professional / Scholarly | | DEWEY edition | DC21 | |
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| 1 | | Introduction | | 1 | | 2 | | The Elements of a Normative System | | 7 | | 3 | | The Individuation of the Law of Property | | 32 | | 4 | | The Right to Property: the Exclusion Thesis | | 68 | | 5 | | The Objects of Property: the Separability Thesis | | 105 | | 6 | | The Duty of Non-Interference and Ownership | | 128 | | 7 | | Property-and Contract I: The power to sell and the influence of markets | | 153 | | 8 | | Property and Contract II: Hegel's Idea of Property | | 169 | | 9 | | Property and Contract III: Locke and the Consent to Market Distribution | | 187 | | 10 | | The Role of Property | | 202 | | | | Bibliography | | 221 | | | | Index | | 231 |
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