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Property Rights: A Re-Examination (Hardcover)
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Property Rights: A Re-Examination (Hardcover)
Series: Oxford Legal Philosophy
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Ranging over a host of issues, Property Rights: A Re-Examination
pinpoints and addresses a number of theoretical problems at the
heart of property theory. Part 1 reconsiders and rejects, once
again, the bundle of rights picture of property and the related
nominalist theories of property, showing that ownership reflects a
tripartite structure of title: the right to immediate, exclusive,
possession, the power to license what would otherwise be a
trespass, and the power to transfer ownership. Part 2 explores in
detail the Hohfeldian theory of jural relations, in particular
liberties and powers and Hohfeld's concept of 'multital' jural
relations, and shows that this theory fails to illuminate the
nature of property rights, and indeed obscures much that it is
vital to understand about them. Part 3 considers the form and
justification of property rights, beginning with the relation an
owner's liberty to use her property and her 'right to exclude',
with particular reference to the tort of nuisance. Next up for
consideration is the Kantian theory of property rights, the
deficiencies of which lead us to understand that the only natural
right to things is a form of use- or usufructory-right. Part 3
concludes by addressing the ever-vexed question of property rights
in land.
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