Property Law in the Society of Equals
Series: Oxford Private Law Theory;
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Product details:
- Publisher OUP USA
- Date of Publication 25 December 2024
- ISBN 9780197768952
- Binding Hardback
- No. of pages248 pages
- Size 246x163x22 mm
- Weight 499 g
- Language English 615
Categories
Short description:
Property is often seen as fundamentally inegalitarian, leading many to believe that a world without property would be a more equal one. Property Law in the Society of Equals challenges this view, demonstrating instead that property is essential for a society of equals. Property, as the legal realization of the idea of yours and mine, creates the conditions for us to relate to each other on equal terms.
MoreLong description:
Property is often seen as fundamentally inegalitarian, leading many to believe that a world without property would be a more equal one. Property Law in the Society of Equals challenges this view, demonstrating instead that property is essential for a society of equals. Property, as the legal realization of the idea of yours and mine, creates the conditions for us to relate to each other on equal terms.
This conception of property allows for an examination of many of its core doctrines, including trespass and nuisance law, the law of acquisition, possession, and transfer, the law of leases, and the law of servitudes. It also reveals the distinctive place of property within private law more generally, and how to think about novel or controversial cases of property rights. Moreover, the idea that property is fundamentally egalitarian generates a radical critique of our present systems of property. It shows that various forms of public law regulation of property - including the right to housing and public housing itself - are justified by the same principles that underlie the need for property in the first place.
Property Law in the Society of Equals offers a thorough and insightful account of a fundamental legal subject matter, and a compelling call for the reform of property on more egalitarian lines.
Property Law in the Society of Equals will appeal to a broad audience, including both legal theorists interested in philosophical issues arising from private law and philosophers interested in broader bird's-eye-view questions posed by the institution of property. It is rich in careful argumentation, ranging from detailedanalyses of property law doctrine to, in an appendix, a consideration of the constraintson the scope of conceptual possibility imposed by the limits of practical conceivability.
Table of Contents:
Introduction
Part I: The Theory
Chapter 1: The Problem of Yours and Mine
Chapter 2: The Law of Yours and Mine
Chapter 3: The Community of Yours and Mine
Part II: The Private Law of Property
Chapter 4: The Common Law of Property
Chapter 5: Property within Private Law
Part III: The Public Law of Property
Chapter 6: Property and Regulation
Chapter 7: Public Property
Conclusion: What Does This Book Do?
Appendix: An Inescapable Feature of the Social World
