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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.
This volume investigates the conceptual and philosophical underpinnings of property law, questioning how specific legal doctrines align with broader theories of justice and autonomy. The authors, Henry Smith and James Penner, curate a collection of scholarly papers that bridge the gap between abstract political philosophy and the practical application of individual property rules. By examining historical and contemporary frameworks, the text argues that property law possesses a distinct internal logic that warrants deeper analytical scrutiny beyond mere distributive efficiency.
What You Will Find
Scope Limits
Legal scholars and students of jurisprudence frequently cite this volume as a foundational text for understanding the intersection of private law and moral philosophy. Experts note that the prose is academically dense, requiring a solid background in legal theory to fully grasp the nuances of the arguments presented.
Page Count:
450
Publication Date:
2013-01-01
Publisher:
Oxford University Press
ISBN-10:
0191654523
ISBN-13:
9780191654527
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