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Idea of Property in Law

Author: James E. Penner
Published: April 1997
Publisher: Oxford University Press
ISBN: 0198260296
Hardcover Book
Number of Pages: 256
 
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Idea of Property in Law

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 this book a coherent and sensible idea of property is developed that vindicates the common sense view of property. Relying on Raz's work on norms and the structure of legal systems, the legal practice that regulates our interactions with things is set against the background of other laws.

Table of Contents
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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Idea of Property in Law





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