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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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The Idea of Property in Law (Paperback, New Ed)
Loot Price: R2,453
Discovery Miles 24 530
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The Idea of Property in Law (Paperback, New Ed)
Expected to ship within 12 - 19 working days
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Of importance for both philosophers and legal theorists interested
in the nature of property, this book vindicates the commonsense
idea that the right to property is a right to things.
Distinguishing between the `practice' of property and the
`practice' of contract is essential for a proper understanding, but
the failure to do so is common. As the author shows, it mars both
Locke's and Hegel's philosophies of property, and continues to
contribute to confusion. It also obscures the central element of
sharing and giving in the ownership of property, the important of
which has been generally neglected. Perhaps most controversially,
the author argues that the justification of the right to property
is not dependent on the justice of the reigning distribution of
property-that is a question which concerns the justice of the
economy-gift, command, market, or mixed-that distributes all
values, not just rights in property. The important `distributional'
question about property is this: to what values does the property
practice apply? Why does it apply to castles and cars, books and
bank balances, but not to our body parts and our labour, nor to our
employment contracts and our sexuality? In answer the author
develops a distinction between persons and our personality-rich
relationships which cannot be objects of property, and `things',
both land and objects and personality-poor relationships like
debts, which can.
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