The Idea of Property in Law

Erscheinungsjahr 2000
ISBN: 978-0-19-829926-4
Verlag: Oxford University Press

Buch, Englisch, 250 Seiten, Print PDF, Format (B × H): 156 mm x 234 mm, Gewicht: 396 g

Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the `practice' of property and the `practice' of contract is essential for a proper understanding, but the failure to do so is common. As the author shows, it mars both Locke's and Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of property–that is a question which concerns the justice of the economy–gift, command, market, or mixed–that distributes all values, not just rights in property. The important `distributional' question about property is this: to what values does the property practice apply? Why does it apply to castles and cars, books and bank balances, but not to our body parts and our labour, nor to our employment contracts and our sexuality? In answer the author develops a distinction between persons and our personality-rich relationships which cannot be objects of property, and `things', both land and objects and personality-poor relationships like debts, which can.

Autoren/Hrsg.

Penner, James

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

- Introduction

- The Elements of a Normative System

- The Individuation of the Law of Property

- The Right to Property: The Exclusion Theses

- The Objects of Property: The Reparability Thesis

- The Duty of Non-Interference and Ownership

- Property and Contract I: The Power to Sell and the Influence of Markets

- Property and Contract II: Hegel's Idea of Property

- Property and Contract III: Locke and the Consent to Market Distribution

- The Role of Property

- Bibliography

Über Autor(innen)

Dr James Penner is Professor of Property Law at University College London