Philosophical Foundations of Property Law

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James Penner (Professor of Law, Professor of Law, National University of Singapore) Henry Smith (Fessenden Professor of Law, Fessenden Professor of Law, Harvard Law School)

Philosophical Foundations of Property Law

James Penner (Professor of Law, Professor of Law, National University of Singapore), Henry Smith (Fessenden Professor of Law, Fessenden Professor of Law, Harvard Law School)

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English

Oxford University Press
03 December 2013

Jurisprudence & philosophy of law; Property law; Personal property law

Series: Philosophical Foundations of Law

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency.

Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find?

The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Edited by: James Penner (Professor of Law Professor of Law National University of Singapore), Henry Smith (Fessenden Professor of Law, Fessenden Professor of Law, Harvard Law School)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 162mm, Spine: 34mm
Weight: 752g
ISBN: 9780199673582
ISBN 10: 0199673586
Series: Philosophical Foundations of Law
Pages: 400
Publication Date: 03 December 2013
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

James Penner & Henry E. Smith: Introduction 1: Jeremy Waldron: To Bestow Stability upon Possession': Hume's Alternative to Locke 2: Eric R. Claeys: Productive Use in Acquisition, Accession, and Labour Theory 3: Dennis Klimchuk: Property and Necessity 4: Alan Brudner: Private Property and Public Welfare 5: Brian Angelo Lee: Average Reciprocity of Advantage 6: Irit Samet: Some Strings Attached: The Morality of Proprietary Estoppel 7: Arthur Ripstein: Possession and Use 8: Lisa M. Austin: Possession and the Distractions of Philosophy 9: Larissa Katz: The Relativity of Title and Causa Possessionis 10: Simon Douglas & Ben McFarlane: Defining Property Rights 11: James Penner: On the Very Idea of Transmissible Rights 12: Carol M. Rose: Psychologies of Property (and Why Property is not a Hawk-Dove Game) 13: Stephen R. Munzer: Property and Disagreement 14: Henry E. Smith: Emergent Property

Henry Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. He teaches in the areas of property, intellectual property, natural resources, remedies, and taxation. He has written primarily on the law and economics of property and intellectual property. James Penner is Professor of Law at the National University of Singapore, He teaches and writes in the areas of the law and philosophy of property, the law of trusts and fiduciaries law, and generally in the philosophy of law.

Reviews for Philosophical Foundations of Property Law

This book presents the state of the art philosophical thinking about property law and is required reading for anyone with interests in the field. Christopher Essert, Notre Dame Philosophical Reviews