Property Law and Social Morality

Administrative / Constitutional Law

Property Law and Social Morality

By Peter M. Gerhart
Cambridge University Press August 2016

Specifications

ISBN-13
9781316621134
Publisher
Cambridge University Press
Publication
August 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other.

By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist).

By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time.

The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Table of Contents

Part I. A Unified Theory:
1. Property's values
2. An overview of the theory
3. Owner as decision maker
4. Ownership and social recognition
5. Other-regarding decision making
6. Assigning burdens and benefits

Part II. Applications:
7. Exclusion
8. Nuisance: spatial coordination
9. Concurrent decision makers
10. Temporal coordination

Part III. Legislative Regulation and Social Morality:
11. A theory of legislative regulation
12. The takings power
13. Legislative regulation and due process
14. The promise of unity.
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