The Idea of Property in Law (BOK)

J.E. Penner

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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 propertyDSthat is a question which concerns the justice of the economyDSgift, command, market, or mixedDSthat 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.


Språk Engelsk Engelsk Innbinding Heftet
Utgitt 2000 Forfatter J.E. Penner
Oxford University Press
ISBN 9780198299264
Antall sider 250 Dimensjoner 15cm x 23cm x 1,5cm
Vekt 396 gram Leverandør Bertram Trading Ltd
Emner og form Jurisprudence & philosophy of law, Personal property law