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Property Law In The Society Of Equals
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Book Synopsis Property Law in the Society of Equals by : Christopher Essert
Download or read book Property Law in the Society of Equals written by Christopher Essert and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
Book Synopsis Property Law in the Society of Equals by : Christopher Essert
Download or read book Property Law in the Society of Equals written by Christopher Essert and published by Oxford University Press. This book was released on 2024 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
Download or read book Republic of Equals written by Alan Thomas and published by Oxford University Press. This book was released on 2016-11-04 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book length study of property-owning democracy, Republic of Equals argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. The author shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally impossible. The result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values, but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the "New Inequality" of our times. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit and John Tomasi, but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty.
Book Synopsis One Another’s Equals by : Jeremy Waldron
Download or read book One Another’s Equals written by Jeremy Waldron and published by Harvard University Press. This book was released on 2017-06-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.
Book Synopsis A Republic of Equals by : Jonathan Rothwell
Download or read book A Republic of Equals written by Jonathan Rothwell and published by Princeton University Press. This book was released on 2021-09-14 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book, economist Jonathan Rothwell draws on the latest empirical evidence from across the social sciences to demonstrate how rich democracies have allowed racial politics and the interests of those at the top to subordinate justice. He looks at the rise of nationalism in Europe and the United States, revealing how this trend overlaps with racial prejudice and is related to mounting frustration with a political status quo that thrives on income inequality and inefficient markets. But economic differences are by no means inevitable. Differences in group status by race and ethnicity are dynamic and have reversed themselves across continents and within countries. Inequalities persist between races in the United States because Black Americans are denied equal access to markets and public services. Meanwhile, elite professional associations carve out privileged market status for their members, leading to compensation in excess of their skills.
Book Synopsis Marriage and Inequality in Chinese Society by : Rubie S. Watson
Download or read book Marriage and Inequality in Chinese Society written by Rubie S. Watson and published by Univ of California Press. This book was released on 1991-04-02 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now our understanding of marriage in China has been based primarily on observations made during the twentieth century. The research of ten eminent scholars presented here provides a new vision of marriage in Chinese history, exploring the complex interplay between marriage and the social, political, economic, and gender inequalities that have so characterized Chinese society.
Book Synopsis The Routledge Handbook of Property, Law and Society by : Nicole Graham
Download or read book The Routledge Handbook of Property, Law and Society written by Nicole Graham and published by Taylor & Francis. This book was released on 2022-11-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Book Synopsis Civil Wrongs and Justice in Private Law by : Paul B. Miller
Download or read book Civil Wrongs and Justice in Private Law written by Paul B. Miller and published by Oxford University Press. This book was released on 2020-02-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Book Synopsis The Meaning of Property by : Jedediah Purdy
Download or read book The Meaning of Property written by Jedediah Purdy and published by Yale University Press. This book was released on 2010-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.
Book Synopsis A Liberal Theory of Property by : Hanoch Dagan
Download or read book A Liberal Theory of Property written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2021-04-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Book Synopsis Law in Civil Society by : Richard Dien Winfield
Download or read book Law in Civil Society written by Richard Dien Winfield and published by . This book was released on 1995 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought. Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must be constructed within the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community. Working from these fundamental premises, he analyzes in detail a rich array of important legal issues: fair access to legal representation, the rationale for jury trials, appropriate distinctions between civil and criminal legal procedures, the controversies pitting common law versus codification and adversarial versus inquisitorial systems of trial, and the relationship between civil society and the state. Much inspired by Hegel's Philosophy of Right, Winfield's study offers the most convincing critique yet of that renowned philosopher's work and, in the process, provides a more complete and coherent conception of law than Hegel himself articulated. Provocative and highly instructive, the book should attract scholars, teachers, and students in legal and political philosophy and anyone else with an abiding interest in the foundations of Western law.
Book Synopsis The Society of Equals by : Pierre Rosanvallon
Download or read book The Society of Equals written by Pierre Rosanvallon and published by Harvard University Press. This book was released on 2013-11-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Society's wealthiest members claim an ever-expanding share of income and property--a true counterrevolution, says Pierre Rosanvallon, the end of the age of growing equality launched by the American and French revolutions. Just as significant, driving this contemporary inequality has been a loss of faith in the ideal of equality itself.
Book Synopsis Modern Studies in Property Law - Volume 7 by : Nicholas Hopkins
Download or read book Modern Studies in Property Law - Volume 7 written by Nicholas Hopkins and published by Bloomsbury Publishing. This book was released on 2013-07-31 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.
Book Synopsis A Philosophy of Intellectual Property by : Peter Drahos
Download or read book A Philosophy of Intellectual Property written by Peter Drahos and published by Routledge. This book was released on 2016-12-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.
Book Synopsis The Making of Modern Property by : Anna di Robilant
Download or read book The Making of Modern Property written by Anna di Robilant and published by Cambridge University Press. This book was released on 2023-07-27 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.
Download or read book Republic of Equals written by Alan Thomas and published by Oxford University Press. This book was released on 2017 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of property-owning democracy argues that a society in which capital is universally accessible to all citizens uniquely meets the demands of justice. It defends a renovated form of capitalism in which the free market is no longer a threat to social democratic values, but is potentially convergent with them.
Book Synopsis The Marriage Law of the People's Republic of China by : China
Download or read book The Marriage Law of the People's Republic of China written by China and published by Better English Language Teaching. This book was released on 1982 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
