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This book surveys the leading modern theories of property -
Lockean, libertarian, utilitarian/law-and-economics, personhood,
Kantian and human flourishing - and then applies those theories to
concrete contexts in which property issues have been especially
controversial. These include redistribution, the right to exclude,
regulatory takings, eminent domain and intellectual property. The
book highlights the Aristotelian human flourishing theory of
property, providing the most comprehensive and accessible
introduction to that theory to date. The book's goal is neither to
cover every conceivable theory nor to discuss every possible facet
of the theories covered. Instead, it aims to make the major
property theories comprehensible to beginners, without sacrificing
accuracy or sophistication. The book will be of particular interest
to students seeking an accessible introduction to contemporary
theories of property, but even specialists will benefit from the
book's lucid descriptions of contemporary debates.
Property and Community fills a major gap in the legal literature on
property and its relationship to community. The essays included
differ from past discussions, including those provided by
law-and-economics, by providing richer accounts of community. By
and large, prior discussions by property theorists treat
communities as agglomerations of individuals and eschew substantive
accounts of justice, favoring what Charles Taylor has called
"procedural" conceptions. These perspectives on ownership obscure
the possibility that the "community" might have a moral status that
differs from neighboring owners or from non-owning individuals.
This book examines a variety of social practices that implicate
community in its relationship to property. These practices range
from more obvious property-based communities like Israeli kibbutzim
to surprising examples such as queues. Aspects of law and community
in relationship to legal and social institutions both inside and
outside of the United States are discussed.
Alexander and Penalver seek to mediate the distance between
abstract theory and mundane features of daily life to provide a
rich, textured treatment of the relationship between law and
community. Instead of defining community in abstractly theoretical
terms, they approach the subject through the lens of concrete
institutions and social practices. In doing so, they not only
enrich our empirical understanding of the relationship between
property and community but also provide important insights into the
concept of community itself."
This book surveys the leading modern theories of property -
Lockean, libertarian, utilitarian/law-and-economics, personhood,
Kantian and human flourishing - and then applies those theories to
concrete contexts in which property issues have been especially
controversial. These include redistribution, the right to exclude,
regulatory takings, eminent domain and intellectual property. The
book highlights the Aristotelian human flourishing theory of
property, providing the most comprehensive and accessible
introduction to that theory to date. The book's goal is neither to
cover every conceivable theory nor to discuss every possible facet
of the theories covered. Instead, it aims to make the major
property theories comprehensible to beginners, without sacrificing
accuracy or sophistication. The book will be of particular interest
to students seeking an accessible introduction to contemporary
theories of property, but even specialists will benefit from the
book's lucid descriptions of contemporary debates.
"Property Outlaws" puts forth the intriguingly counterintuitive
proposition that, in the case of both tangible and intellectual
property law, disobedience can often lead to an improvement in
legal regulation. The authors argue that in property law there is a
tension between the competing demands of stability and dynamism,
but its tendency is to become static and fall out of step with the
needs of society. The authors employ wide-ranging examples of the
behaviors of "property outlaws"--the trespasser, squatter, pirate,
or file-sharer--to show how specific behaviors have induced legal
innovation. They also delineate the similarities between the
actions of property outlaws in the spheres of tangible and
intellectual property. An important conclusion of the book is that
a dynamic between the activities of "property outlaws" and legal
innovation should be cultivated in order to maintain this avenue of
legal reform.
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