Property and Justice
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 January 2002
- ISBN 9780199251407
- Binding Paperback
- No. of pages416 pages
- Size 235x156x22 mm
- Weight 601 g
- Language English 0
Categories
Short 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'. J. W. Harris here examines the legal and philosophical underpinnings of the concept of property and offers a new analytical framework for understanding property and justice.
MoreLong 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.
Review from previous edition the book gets full marks for opening up discussions of several crucial features of property institutions, and for challenging received views on such topics as ownership of one's body and the status of rights to property. All in all, this is a book students of political philosophy should read, and it makes a welcome addition to the body of good work that has been produced on property in the past decade. Indeed, it is probably the best book on property we now have.
Table of Contents:
Part I: What is Property?
Introduction
Imaginary Societies
Minimal Structure
Building on the Minimal Structure
Ownership as an Organizing Idea
Ownership as a Principle
Private and Non-private Property
Person-Thing and Person-Person Relations
What Property is
Part II: Is Party Just?
The Agenda
Natural Property Rights and Labour
Natural Property Rights and the Assault Analogy
Property and Freedom
Against Property Freedoms
The Instrumental Values of Property
Alleged Dominating Principles
The Limits of Property
Property is Just, to a Degree, Sometimes
Bibliography
Index
