Philosophical Foundations of Property Law

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Philosophical Foundations of Property Law

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- All new articles from leading figures in the field of property law.
- Serves as an introduction to the subject of philosophical foundations of property law and offers a 'state of play' in philosophising about property
- Coverage of both philosophical traditions in relation to property and particular topics of possession, transmissibility of rights and ownership
Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find?

The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Readership: This book is ideal for moral, legal and political philosophers. It also provides a resource for both students of law and philosophy, and for teachers of property law and theory of property.
1: Jeremy Waldron: To Bestow Stability upon Possession': Hume's Alternative to Locke
2: Eric R. Claeys: Productive Use in Acquisition, Accession, and Labour Theory
3: Dennis Klimchuk: Property and Necessity
4: Alan Brudner: Private Property and Public Welfare
5: Brian Angelo Lee: Average Reciprocity of Advantage
6: Irit Samet: Some Strings Attached: The Morality of Proprietary Estoppel
7: Arthur Ripstein: Possession and Use
8: Lisa M. Austin: Possession and the Distractions of Philosophy
9: Larissa Katz: The Relativity of Title and Causa Possessionis
10: Simon Douglas & Ben McFarlane: Defining Property Rights
11: James Penner: On the Very Idea of Transmissible Rights
12: Carol M. Rose: Psychologies of Property (and Why Property is not a Hawk-Dove Game)
13: Stephen R. Munzer: Property and Disagreement
14: Henry E. Smith: Emergent Property
Henry Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. He teaches in the areas of property, intellectual property, natural resources, remedies, and taxation. He has written primarily on the law and economics of property and intellectual property.

James Penner is Professor of Property Law at University College London. He was the deputy chief examiner of the Law of Trusts for the University of London External LL.B, and now serves the programme in the capacity of Chief Examiner in Jurisprudence. Professor Penner writes on trusts law, the law and philosophy of property, and generally in the philosophy of law.

Contributors:
James Penner, University College London
Jeremy Waldron, New York University
Eric R. Claeys, George Mason University
Dennis Klimchuk, University of Western Ontario
Alan Brudner, University of Toronto
Brian Angelo Lee, Brooklyn Law School
Irit Samet, Kings College London
Arthur Ripstein, University of Toronto
Lisa M. Austin, University of Toronto
Larissa Katz, Queen's University
Simon Douglas, University of Oxford
Ben McFarlane, University College London
Carol M. Rose, University of Arizona
Stephen R. Munzer, University of California, Los Angeles
Henry E. Smith, Harvard University