An Introduction to Property Theory

Author: Gregory S. Alexander; Eduardo M. Peñalver
Publisher: Cambridge University Press
ISBN: 9780521113656
Published In: June 2012
Format: Hardback , 246 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

• Surveys all of the major current liberal legal and political theories of property in an accessible and enjoyable style

• Provides contextual studies of those theories through concrete areas of major property disputes

• Introduces a normative theory of property based on the Aristotelian ideal of human flourishing and illustrates how that theory differs from other leading property theories in concrete disputes

Preface	xi
Introduction	1
Part I Part I	9
1. Utilitarian Property Theories	11
2. Locke and Libertarian Theories of Property	35
3. Hegelian Property Theory	57
4. Kantian Property Theory	70
5. Property and Human Flourishing	80
Part II Part II	103
6. Government Redistribution of Resources	105
7. The Right to Exclude and Its Limits	130
8. Eminent Domain and Regulatory Takings	156
9. Intellectual Property	183
Conclusion	204
References	215
Index	227