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The Idea Of Property In Law by Penner, J. E. Paperback / softback Book The Fast

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Item specifics

Condition
Very Good: A book that has been read but is in excellent condition. No obvious damage to the cover, ...
ISBN
0198299265
EAN
9780198299264
Release Title
The Idea Of Property In Law
Artist
Penner, J. E.
Brand
N/A
Colour
N/A
Book Title
The Idea Of Property In Law
Category

About this product

Product Identifiers

Publisher
Oxford University Press, Incorporated
ISBN-10
0198299265
ISBN-13
9780198299264
eBay Product ID (ePID)
1667234

Product Key Features

Number of Pages
250 Pages
Publication Name
Idea of Property in Law
Language
English
Subject
Property
Publication Year
2000
Type
Textbook
Author
J. E. Penner
Subject Area
Law
Format
Uk-Trade Paper

Dimensions

Item Height
0.6 in
Item Weight
14.1 Oz
Item Length
9.2 in
Item Width
6.1 in

Additional Product Features

Intended Audience
College Audience
Dewey Edition
20
Reviews
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: Hegels Idea of Property Property and Contract III: Locke and the Consent to Market Distribution The Role of Property Bibliography
TitleLeading
The
Illustrated
Yes
Dewey Decimal
346.04
Table Of Content
IntroductionThe Elements of a Normative SystemThe Individuation of the Law of PropertyThe Right to Property: The Exclusion ThesesThe Objects of Property: The Reparability ThesisThe Duty of Non-Interference and OwnershipProperty and Contract I: The Power to Sell and the Influence of MarketsProperty and Contract II: Hegel's Idea of PropertyProperty and Contract III: Locke and the Consent to Market DistributionThe Role of PropertyBibliography
Synopsis
This book presents an alternative viewpoint in the ongoing dialogue on property. Dr Penner takes an original approach to the idea of property, placing it within the broader system of rules, rights and powers which make up the legal system. Writing in an accessible style he distinguishes the rules of property from the rules of contract, arguing that sharing and giving are central to our notion of property, but that the right to sell is not. In other words, that property and markets are not linked in the direct way that most legal philosophers assume., 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., James E. Penner ponders with much insight both the notion of property and its place in the legal system, and his musings prove fascinating. Penner proposes that the idea of property as a "bundle of rights"--including the right to possess, the right to use, the right to destroy, etc.--is deficient as a concept. That is, it fails to effectively characterize any particular sort of legal relation and evades attempts to determine which rights are crucial to the "bundle." By way of a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation, and then considers how property functions within the broader legal system., James E. Penner ponders with much insight both the notion of property and its place in the legal system, and his musings prove fascinating. Penner proposes that the idea of property as a bundle of rights--including the right to possess, the right to use, the right to destroy, etc.--is deficient as a concept. That is, it fails to effectively characterize any particular sort of legal relation and evades attempts to determine which rights are crucial to the bundle. By way of a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation, and then considers how property functions within the broader legal system.
LC Classification Number
K720.P46 1997

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