Natural Property Rights

Conveyancing / Tenancy / Land › Law

Natural Property Rights

By Eric R. Claeys
Cambridge University Press May 2025

Specifications

ISBN-13
9781108844499
Publisher
Cambridge University Press
Publication
May 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how natural rights guide political and legal reasoning about property law. It examines how natural rights justify the most familiar institutions in property, including public property, ownership, the system of estates and future interests, leases, servitudes, mortgages, police regulation, and eminent domain.

Thought-provoking and comprehensive, the book challenges leading contemporary justifications for property and shows how property both secures individual freedom and serves the common good.

Table of Contents

Table of Legislative Materials
Table of Cases
Table of Multiple Edition Works

Part I. Foundations:
1. Introduction
2. Natural law and rights
3. Practical reason

Part II. The Natural Right to Property:
4. Property's subject matter and interest
5. Property's element and scope
6. Property's conceptual structure
7. Property, natural law, and Nozick

Part III. Property Law:
8. Justifying ownership
9. Limiting ownership
10. Designing property rights
11. Subdividing ownership rights

Part IV. Property in Common Law and Public Law:
12. Common law, duties, and harms
13. Police regulation
14. Eminent Domain
15. Conclusion
Index
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