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A Liberal Theory of Property

A Liberal Theory of Property

A Liberal Theory of Property

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 9781108418546
Published In: April 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,287.00

HKD 1,248.39 Save HKD 38.61 (3%)

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Description
Contents

Details

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

Shows why the justification and legal architecture of property must be examined in tandem
Develops a theory of property that accommodates seemingly conflicting normative commitments
Offers coherent liberal proposals relevant to ongoing legal reform debates

Preface:

1. Liberal property

2. Some basics

3. Autonomy and private authority

4. Property's structural pluralism

5. Property's relational justice

6. Making property law

7. Just markets

8. Property transitions

9. Afterword

Notes

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