Property And Human Flourishing

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Property and Human Flourishing

Author : Gregory S. Alexander
Publisher : Oxford University Press
ISBN 13 : 019086074X
Total Pages : 393 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Property and Human Flourishing by : Gregory S. Alexander

Download or read book Property and Human Flourishing written by Gregory S. Alexander and published by Oxford University Press. This book was released on 2018 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

An Introduction to Property Theory

Author : Gregory S. Alexander
Publisher : Cambridge University Press
ISBN 13 : 1107375371
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis An Introduction to Property Theory by : Gregory S. Alexander

Download or read book An Introduction to Property Theory written by Gregory S. Alexander and published by Cambridge University Press. This book was released on 2012-04-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

Property and Human Flourishing

Author : Gregory S. Alexander
Publisher : Oxford University Press
ISBN 13 : 0190860758
Total Pages : 304 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Property and Human Flourishing by : Gregory S. Alexander

Download or read book Property and Human Flourishing written by Gregory S. Alexander and published by Oxford University Press. This book was released on 2018-02-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

An Introduction to Property Theory

Author : Gregory S. Alexander
Publisher : Cambridge University Press
ISBN 13 : 0521113652
Total Pages : 247 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis An Introduction to Property Theory by : Gregory S. Alexander

To Flourish or Destruct

Author : Christian Smith
Publisher : University of Chicago Press
ISBN 13 : 022623200X
Total Pages : 353 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis To Flourish or Destruct by : Christian Smith

Download or read book To Flourish or Destruct written by Christian Smith and published by University of Chicago Press. This book was released on 2015-03-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of what motivates humans and the activity that gives rise to human social life and social structures. In his 2010 book What Is a Person?, Christian Smith argued that sociology had for too long neglected this fundamental question. Prevailing social theories, he wrote, do not adequately “capture our deep subjective experience as persons, crucial dimensions of the richness of our own lived lives, what thinkers in previous ages might have called our ‘souls’ or ‘hearts.’” Building on Smith’s previous work, To Flourish or Destruct examines the motivations intrinsic to this subjective experience: Why do people do what they do? How can we explain the activity that gives rise to all human social life and social structures? Smith argues that our actions stem from a motivation to realize what he calls natural human goods: ends that are, by nature, constitutionally good for all human beings. He goes on to explore the ways we can and do fail to realize these ends—a failure that can result in varying gradations of evil. Rooted in critical realism and informed by work in philosophy, psychology, and other fields, Smith’s ambitious book situates the idea of personhood at the center of our attempts to understand how we might shape good human lives and societies. Praise for To Flourish or Destruct “This major work in sociology theory should be read by social scientists in all disciplines. Highly recommended.” —Choice “To Flourish or Destruct poses a powerful and important challenge to the entire discipline of sociology. Smith is becoming the anchor of a humanist renewal in sociology and although he is not alone in this movement, what makes To Flourish or Destruct different is a coherent, new, oppositional perspective that draws on critical realism to affirm both human personhood and the ever-present moral element in human affairs. Smith’s Personalism could become the banner around which a very different kind of sociology develops, one that respects the centered consciousness that is human personhood.” —Douglas Porpora, Drexel University “This book represents a major advance in sociology and more specifically within critical realism, which is gradually emerging as a full-fledged alternative in the social sciences. I am fundamentally convinced by this book.” —George Steinmetz, University of Michigan

Economic Freedom and Human Flourishing

Author : Michael R. Strain
Publisher : Rowman & Littlefield
ISBN 13 : 0844750034
Total Pages : 164 pages
Book Rating : 4.8/5 (447 download)

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Book Synopsis Economic Freedom and Human Flourishing by : Michael R. Strain

Download or read book Economic Freedom and Human Flourishing written by Michael R. Strain and published by Rowman & Littlefield. This book was released on 2016-09-15 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is economic liberty necessary for individuals to lead truly flourishing lives? Whether your immediate answer is yes or no, this question is deceptively simple. What do we mean by liberty? What constitutes the flourishing life? How are these related? How is economic liberty related to other goods that affect human flourishing? To answer these questions—and more—this volume brings to bear some of history’s greatest thinkers, interpreted by some of today’s leading scholars of their thought.

Disputes in Bioethics

Author : Christopher Kaczor
Publisher : University of Notre Dame Pess
ISBN 13 : 0268108110
Total Pages : 267 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Disputes in Bioethics by : Christopher Kaczor

Download or read book Disputes in Bioethics written by Christopher Kaczor and published by University of Notre Dame Pess. This book was released on 2020-09-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in Bioethics tackles some of the most debated questions in contemporary scholarship about the beginning and end of life. This collection of essays takes up questions about the dawn of human life, including: Should we make children with three (or more) parents? Is it better never to have been born? and Why should the baby live? This volume also asks about the dusk of human life: Is "death with dignity" a dangerous euphemism? Should euthanasia be permitted for children? Does assisted suicide harm those who do not choose to die? Still other questions are asked concerning recent views that health care professionals should not have a right to conscientiously object to legal and accepted medical practices. Finally, the book addresses questions about separating conjoined twins as well as the issue of whether the species of an individual makes a difference for the individual’s moral status. Christopher Kaczor critiques some of the most recent and influential positions in bioethics, while eschewing both consequentialism and principalism. Rooted in the Catholic principle that faith and reason are harmonious, this book shows how Catholic bioethical teaching is rationally defensible in terms that people of good will, secular or religious, can accept. Proceeding from a natural law perspective, Kaczor defends the inherent dignity of all human beings and argues that they merit the protection of their basic human goods because of that inherent dignity. Philosophers interested in applied ethics, as well as students and professors of law, will profit from reading Disputes in Bioethics. The book aims to be both philosophically sophisticated and accessible for students and experienced researchers alike.

Human Flourishing

Author : Andrew Briggs
Publisher : Oxford University Press
ISBN 13 : 0192590855
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Human Flourishing by : Andrew Briggs

Download or read book Human Flourishing written by Andrew Briggs and published by Oxford University Press. This book was released on 2021-10-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A careful and thoughtful provocation' (Justin Welby, Archbishop of Canterbury) Ambitiously placed at the intersection of scientific insights and spiritual wisdom, Human Flourishing prompts us to reflect on what constitutes a good life and the choices that can help achieve it. For thousands of years, humans have asked 'Why we are here?' and 'What makes for a good life?' At different times, different answers have held sway. Nowadays, there are more answers proposed than ever. Much of humanity still finds the ultimate answers to such questions in religion. But in countries across the globe, secular views are widely held. In any event, whether religious or secular, individuals, communities and governments still have to make decisions about what people get from life. This book therefore examines what is meant by human flourishing and see what it has to offer for those seeking after truth, meaning and purpose. This is a book written for anyone who wants a future for themselves, their children, and their fellow humans - a future that enables flourishing, pays due consideration to issues of truth and helps us find meaning and purpose in our lives. At a time when most of us are bombarded with messages about what we should or should not do to live healthily, attain a work-life balance and find meaning, a careful consideration of the contributions of both scientific insight and spiritual wisdom provides a new angle. This is therefore a book that not only helps readers clarify their views and see things afresh but also help them improve their own well-being in an age of AI and other new technologies.

Public Property, Law and Society

Author : John Page
Publisher : Routledge
ISBN 13 : 1000331253
Total Pages : 288 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Public Property, Law and Society by : John Page

Download or read book Public Property, Law and Society written by John Page and published by Routledge. This book was released on 2020-12-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may ‘own’, where we may ‘belong’, or not, and how we may ‘connect’ through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.

Mass Flourishing

Author : Edmund S. Phelps
Publisher : Princeton University Press
ISBN 13 : 1400848296
Total Pages : 392 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Mass Flourishing by : Edmund S. Phelps

Download or read book Mass Flourishing written by Edmund S. Phelps and published by Princeton University Press. This book was released on 2013-08-19 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Nobel Prize-winning economist Edmund Phelps draws on a lifetime of thinking to make a sweeping new argument about what makes nations prosper--and why the sources of that prosperity are under threat today. Why did prosperity explode in some nations between the 1820s and 1960s, creating not just unprecedented material wealth but "flourishing"--meaningful work, self-expression, and personal growth for more people than ever before? Phelps makes the case that the wellspring of this flourishing was modern values such as the desire to create, explore, and meet challenges. These values fueled the grassroots dynamism that was necessary for widespread, indigenous innovation. Most innovation wasn't driven by a few isolated visionaries like Henry Ford and Steve Jobs; rather, it was driven by millions of people empowered to think of, develop, and market innumerable new products and processes, and improvements to existing ones. Mass flourishing--a combination of material well-being and the "good life" in a broader sense--was created by this mass innovation. Yet indigenous innovation and flourishing weakened decades ago. In America, evidence indicates that innovation and job satisfaction have decreased since the late 1960s, while postwar Europe has never recaptured its former dynamism. The reason, Phelps argues, is that the modern values underlying the modern economy are under threat by a resurgence of traditional, corporatist values that put the community and state over the individual. The ultimate fate of modern values is now the most pressing question for the West: will Western nations recommit themselves to modernity, grassroots dynamism, indigenous innovation, and widespread personal fulfillment, or will we go on with a narrowed innovation that limits flourishing to a few? A book of immense practical and intellectual importance, Mass Flourishing is essential reading for anyone who cares about the sources of prosperity and the future of the West.

Property

Author : Jesse Dukeminier
Publisher : Aspen Publishing
ISBN 13 : 1543838502
Total Pages : 1544 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Property by : Jesse Dukeminier

Download or read book Property written by Jesse Dukeminier and published by Aspen Publishing. This book was released on 2022-01-31 with total page 1544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property, Tenth Edition

The Idea of Property in Law

Author : James E. Penner
Publisher : Oxford University Press
ISBN 13 : 9780198260295
Total Pages : 262 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis The Idea of Property in Law by : James E. Penner

Download or read book The Idea of Property in Law written by James E. Penner and published by Oxford University Press. This book was released on 1997 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

The International Law of Property

Author : John G. Sprankling
Publisher : OUP Oxford
ISBN 13 : 0191502529
Total Pages : 400 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The International Law of Property by : John G. Sprankling

Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Human Flourishing in an Age of Gene Editing

Author : Erik Parens
Publisher : Oxford University Press
ISBN 13 : 0190940395
Total Pages : 240 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Human Flourishing in an Age of Gene Editing by : Erik Parens

Download or read book Human Flourishing in an Age of Gene Editing written by Erik Parens and published by Oxford University Press. This book was released on 2019-07-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International uproar followed the recent announcement of the birth of twin girls whose genomes had been edited with a breakthrough DNA editing-technology. This technology, called clustered regularly interspaced short palindrome repeats or CRISPR-Cas9, can alter any DNA, including DNA in embryos, meaning that changes can be passed to the offspring of the person that embryo becomes. Should we use gene editing technologies to change ourselves, our children, and future generations to come? The potential uses of CRISPR-Cas9 and other gene editing technologies are unprecedented in human history. By using these technologies, we eradicate certain dreadful diseases. Altering human DNA, however, raises enormously difficult questions. Some of these questions are about safety: Can these technologies be deployed without posing an unreasonable risk of physical harm to current and future generations? Can all physical risks be adequately assessed, and responsibly managed? But gene editing technologies also raise other moral questions, which touch on deeply held, personal, cultural, and societal values: Might such technologies redefine what it means to be healthy, or normal, or cherished? Might they undermine relationships between parents and children, or exacerbate the gap between the haves and have-nots? The broadest form of this second kind of question is the focus of this book: What might gene editing--and related technologies--mean for human flourishing? In the new essays collected here, an interdisciplinary group of scholars asks age--old questions about the nature and well-being of humans in the context of a revolutionary new biotechnology--one that has the potential to change the genetic make-up of both existing people and future generations. Welcoming readers who study related issues and those not yet familiar with the formal study of bioethics, the authors of these essays open up a conversation about the ethics of gene editing. It is through this conversation that citizens can influence laws and the distribution of funding for science and medicine, that professional leaders can shape understanding and use of gene editing and related technologies by scientists, patients, and practitioners, and that individuals can make decisions about their own lives and the lives of their families.

The Oxford Handbook of Political Philosophy

Author : David Estlund
Publisher : Oxford University Press
ISBN 13 : 0199704058
Total Pages : 456 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Oxford Handbook of Political Philosophy by : David Estlund

Download or read book The Oxford Handbook of Political Philosophy written by David Estlund and published by Oxford University Press. This book was released on 2012-05-21 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though political philosophy has a long tradition, it is much more than the study of old and great treatises. Contemporary philosophers continue to press new arguments on old and timeless questions, but also to propose departures and innovations. The field changes over time, and new work inevitably responds both to events in the world and to the directions of thought itself. This volume includes 22 new pieces by leaders in the field on both perennial and emerging topics of keen interest to contemporary political philosophers. In addition to longstanding issues such as Authority, Equality, and Freedom, and Democracy, there are articles on less classical topics such as Race, Historical Injustice, Deliberation, Money and Politics, Global Justice, and Ideal and Non-Ideal Theory. All of the pieces combine clarity and accessibility with a top scholar's critical and original point of view. The introductory essay briefly situates this snapshot of the state of the art in a broader view of developments in political philosophy in the last 40 years, and looks forward to future developments. Students and scholars alike will find the pieces to be valuable not only surveys but as provocations to think further about the questions, puzzles, and practical problems that animate recent work in political philosophy. The issues will be of interest to many working in philosophy, political science, law, economics, and more.

Justifying Intellectual Property

Author : Robert P. Merges
Publisher : Harvard University Press
ISBN 13 : 0674049489
Total Pages : 422 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Justifying Intellectual Property by : Robert P. Merges

Download or read book Justifying Intellectual Property written by Robert P. Merges and published by Harvard University Press. This book was released on 2011-06-13 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

Property Rights and Social Justice

Author : Rachael Walsh
Publisher : Cambridge University Press
ISBN 13 : 1108606431
Total Pages : 321 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Property Rights and Social Justice by : Rachael Walsh

Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.