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Author: Rachael Walsh Publisher: Cambridge University Press ISBN: 110842693X Category : Law Languages : en Pages : 321
Book Description
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author: Rachael Walsh Publisher: Cambridge University Press ISBN: 110842693X Category : Law Languages : en Pages : 321
Book Description
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author: Jonathan Wolff Publisher: John Wiley & Sons ISBN: 0745680437 Category : Psychology Languages : en Pages : 189
Book Description
Robert Nozick's Anarchy, State and Utopia is one of the works which dominates contemporary debate in political philosophy. Drawing on traditional assumptions associated with individualism and libertarianism, Nozick mounts a powerful argument for a minimal `nightwatchman' state and challenges the views of many contemporary philosophers, most notably John Rawls. Jonathan Wolff's new book is the first full-length study of Nozick's work and of the debates to which it has given rise. He situates Nozick's work in the context of current debates and examines the traditions which have influenced his thought. He then critically reconstructs the key arguments of Anarchy, State and Utopia, focusing on Nozick's Doctrine of Rights, his Derivation of the Minimal State, and his Entitlement Theory of Justice. The book concludes by assessing Nozick's place in contemporary political philosophy.
Author: Billy Christmas Publisher: Routledge ISBN: 1000370070 Category : Philosophy Languages : en Pages : 250
Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author: J. W. Harris Publisher: OUP Oxford ISBN: 0191024457 Category : Law Languages : en Pages : 416
Book Description
When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.
Author: James W. Harris Publisher: ISBN: 9780191681998 Category : Justice Languages : en Pages : 387
Book Description
Property is a legal and social institution governing the use of most things and the allocation of some items of social welfare. Harris examines the legal and philosophical underpinnings of the concept and the nature of its connection with justice.
Author: Billy Christmas Publisher: Routledge ISBN: 1000370062 Category : Philosophy Languages : en Pages : 194
Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author: Thomas Paine Publisher: Lulu.com ISBN: 0244600007 Category : Commons Languages : en Pages : 68
Book Description
Tom Paine's 'Agrarian Justice' (1797) continues to inspire progressive politicians today as a source of two contemporary policies, Land Value Taxation and Universal (Basic) Income (Citizen's Income). His starting point was the belief, widespread until the end of the eighteenth century, that the Earth is the common property of humankind. Rather than advocating the common ownership of land, he proposed that landowners 'owe to the community a ground-rent', the market rent of their land. He advocated that this be paid into a fund to be used for the benefit of all, both as a lump sum payment on reaching adulthood and as a pension for older people. He is well worth reading for his passion and rhetoric. This publication also includes a riposte written in the same year by Thomas Spence, who had published a similar but more radical proposal in 1776. It also contains a 20th century re-statement of individual and common rights to the Earth and a summary of the relevance of Agrarian Justice today.
Author: Gregory S. Alexander Publisher: Cambridge University Press ISBN: 1107375371 Category : Law Languages : en Pages :
Book Description
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.
Author: Ambreena Manji Publisher: Boydell & Brewer ISBN: 1847012558 Category : Political Science Languages : en Pages : 225
Book Description
Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.
Author: Madhavi Sunder Publisher: Yale University Press ISBN: 030014671X Category : Law Languages : en Pages : 274
Book Description
A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.
Author: Rachael Walsh
Author: Rachael Walsh
Author: Jonathan Wolff
Author: Billy Christmas
Author: J. W. Harris
Author: James W. Harris
Author: Billy Christmas
Author: Thomas Paine
Author: Gregory S. Alexander
Author: Ambreena Manji
Author: Madhavi Sunder