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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Philosophical Foundations of Property Law (Hardcover)
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Philosophical Foundations of Property Law (Hardcover)
Series: Philosophical Foundations of Law
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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.
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