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Property - Values and Institutions (Hardcover, New)
Loot Price: R5,164
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Property - Values and Institutions (Hardcover, New)
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Property: Values and Institutions, by Hanoch Dagan, offers an
original understanding of property, different from the dominant
voices in the field, yet loyal to the practice of property. It
rejects the misleading dominant binarism in which property is
either one monistic form, structured around Blackstone's (in)famous
formula of sole and despotic dominion, or a formless bundle of
rights. Instead, it conceptualizes property as an umbrella for a
set of institutions bearing a mutual family resemblance. It resists
the prevailing tendency to discuss property through the prism of
only one particular value, notably efficiency. Dagan argues that
property can, and should, serve a pluralistic set of liberal
values. These property values include not only autonomy and
utility, which are emphasized by many contemporary scholars, but
also labor, personhood, community, and distributive justice.
Dagan claims that property law, at least at its best, tailors
different configurations of entitlements to different property
institutions, with each such institution designed to match the
specific balance between property values best suited to its
characteristic social setting. Dagan develops this theoretical
account and applies it to key doctrinal contexts. In particular, he
analyzes the normative underpinnings of the doctrines regulating
the interactions between landowners and governments (both eminent
domain and regulatory takings doctrines) and those regulating the
governance of property owned by multiple owners (such as
co-ownership, marital property, and the law of common interest
communities).
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