Philosophical Foundations of Property Law

Philosophical Foundations of Property Law

Author: James Penner

Publisher: OUP Oxford

Published: 2013-11-28

Total Pages: 450

ISBN-13: 0191654523

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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.


Book Synopsis Philosophical Foundations of Property Law by : James Penner

Download or read book Philosophical Foundations of Property Law written by James Penner and published by OUP Oxford. This book was released on 2013-11-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Foundations of Property Law

The Foundations of Property Law

Author: Muhammad Gangat

Publisher: Independently Published

Published: 2019-04-06

Total Pages: 256

ISBN-13: 9781092928007

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This book covers the foundations of UK Property Law, consisting of Land & Equity Law. This covers many essential sections such as: What is Land? What is Title? What is Possession? Leases & Licenses Easements Freehold & Leasehold Covenants Co-Ownership Registered & Unregistered Land Proprietary Remedies What are Trusts? Expres Trusts Implied Trusts Trustees Powers & Duties Doctrine of Overriding & Overreaching Interests Tracing Unincorporated Associations And many more... Through the use of examples and simplistic definitions, this is a student written guide to make tackling Land & Equity as simple as possible. Case facts, judgements and commentary are all provided, giving you the necessary knowledge to ace your Land or Equity exams! Coupled with light humour to make studying a lot more bearable, this guide supports you step-by-step to understanding Property Law, its concepts, the relevant definitions and content. This is really and truly unique in that it is truly engaging and simple to follow and understand. "It's like the CGP Revision Guide for Property Law!" Lamya Al-Yazdi, Year 2 LLB at SOAS University of London


Book Synopsis The Foundations of Property Law by : Muhammad Gangat

Download or read book The Foundations of Property Law written by Muhammad Gangat and published by Independently Published. This book was released on 2019-04-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the foundations of UK Property Law, consisting of Land & Equity Law. This covers many essential sections such as: What is Land? What is Title? What is Possession? Leases & Licenses Easements Freehold & Leasehold Covenants Co-Ownership Registered & Unregistered Land Proprietary Remedies What are Trusts? Expres Trusts Implied Trusts Trustees Powers & Duties Doctrine of Overriding & Overreaching Interests Tracing Unincorporated Associations And many more... Through the use of examples and simplistic definitions, this is a student written guide to make tackling Land & Equity as simple as possible. Case facts, judgements and commentary are all provided, giving you the necessary knowledge to ace your Land or Equity exams! Coupled with light humour to make studying a lot more bearable, this guide supports you step-by-step to understanding Property Law, its concepts, the relevant definitions and content. This is really and truly unique in that it is truly engaging and simple to follow and understand. "It's like the CGP Revision Guide for Property Law!" Lamya Al-Yazdi, Year 2 LLB at SOAS University of London

FOUNDATIONS OF PROPERTY LAW.

FOUNDATIONS OF PROPERTY LAW.

Author: GRAHAM. ODELL BATTERSBY (PETER.)

Publisher:

Published: 2018

Total Pages:

ISBN-13: 9781788084260

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Book Synopsis FOUNDATIONS OF PROPERTY LAW. by : GRAHAM. ODELL BATTERSBY (PETER.)

Download or read book FOUNDATIONS OF PROPERTY LAW. written by GRAHAM. ODELL BATTERSBY (PETER.) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law

Author: James Penner

Publisher: Oxford University Press

Published: 2013-11

Total Pages: 398

ISBN-13: 0199673586

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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.


Book Synopsis Philosophical Foundations of Property Law by : James Penner

Download or read book Philosophical Foundations of Property Law written by James Penner and published by Oxford University Press. This book was released on 2013-11 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

Foundations of Property Law

Foundations of Property Law

Author: Christian von Bar

Publisher: Oxford University Press

Published: 2023-08-25

Total Pages: 481

ISBN-13: 0198885423

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Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.


Book Synopsis Foundations of Property Law by : Christian von Bar

Download or read book Foundations of Property Law written by Christian von Bar and published by Oxford University Press. This book was released on 2023-08-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

Credit Nation

Credit Nation

Author: Claire Priest

Publisher: Princeton University Press

Published: 2022-12-20

Total Pages: 248

ISBN-13: 0691241724

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How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.


Book Synopsis Credit Nation by : Claire Priest

Download or read book Credit Nation written by Claire Priest and published by Princeton University Press. This book was released on 2022-12-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.

Perspectives on Property Law

Perspectives on Property Law

Author: Robert C. Ellickson

Publisher: Aspen Publishing

Published: 2023

Total Pages: 544

ISBN-13: 1543808980

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"A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--


Book Synopsis Perspectives on Property Law by : Robert C. Ellickson

Download or read book Perspectives on Property Law written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2023 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--

Conceptualising Property Law

Conceptualising Property Law

Author: Yaëll Emerich

Publisher: Edward Elgar Publishing

Published: 2018-11-30

Total Pages: 352

ISBN-13: 1788111842

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Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.


Book Synopsis Conceptualising Property Law by : Yaëll Emerich

Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

Foundations of Private Law

Foundations of Private Law

Author: James Gordley

Publisher: OUP Oxford

Published: 2006-01-05

Total Pages: 496

ISBN-13: 0191021717

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Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.


Book Synopsis Foundations of Private Law by : James Gordley

Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

The Oxford Introductions to U.S. Law

The Oxford Introductions to U.S. Law

Author: Thomas W. Merrill

Publisher: Oxford University Press

Published: 2010-04-21

Total Pages: 284

ISBN-13: 0199718083

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The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.


Book Synopsis The Oxford Introductions to U.S. Law by : Thomas W. Merrill

Download or read book The Oxford Introductions to U.S. Law written by Thomas W. Merrill and published by Oxford University Press. This book was released on 2010-04-21 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.