Conveyancing / Tenancy / Land

The Construction of Property Norms, Institutions, Challenges

By Amnon Lehavi
Cambridge University Press June 2013

Specifications

ISBN-13
9781107035386
Publisher
Cambridge University Press
Publication
June 2013
Format
Hardback , 257 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Amnon Lehavi
Interdisciplinary Centre Herzliya, Israel

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