The Construction of Property Norms, Institutions, Challenges

Author: Amnon Lehavi
Publisher: Cambridge University Press
ISBN: 9781107035386
Published In: June 2013
Format: Hardback , 257 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.

• Aids in constructing a common concept of property and in fostering a productive dialogue about values and ideals that should be promoted by the institution of property • Analysis of real-life property regimes offers important lessons for public decision-makers, community organisations, private and public foundations and social activists • Studies the unique role of property protagonists beyond the individual and the state, especially community organisations and business corporations

Acknowledgments	vi
Introduction	1
Part I Structural and institutional foundations	11
1 Property as a legal construct	13
2 Rules and standards: an institutional analysis of property	59
Part II The spectrum of property regimes	95
3 Private-common-public: the promise of property hybrids	97
Part III Protagonists of property: beyond individual and state	151
4 How property can create, maintain, or destroy community	153
5 The corporation as a property microcosm	179
6 Eminent domain, incorporated	214
Part IV The global challenges of property	241
7 Can land law go global?	243
8 BITs and pieces of property	274
Bibliography	317
Index	339