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Author: Gregory S. Alexander
Publisher: Oxford University Press
ISBN: 019086074X
Category : Law
Languages : en
Pages : 393
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Book Description
Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
Author: Gregory S. Alexander
Publisher: Oxford University Press
ISBN: 019086074X
Category : Law
Languages : en
Pages : 393
Get Book
Book Description
Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
Author: Gregory S. Alexander
Publisher: Cambridge University Press
ISBN: 1107375371
Category : Law
Languages : en
Pages : 247
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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: Gregory S. Alexander
Publisher: Oxford University Press
ISBN: 0190860758
Category : Law
Languages : en
Pages : 304
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Book Description
Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
Author: Gregory S. Alexander
Publisher: Cambridge University Press
ISBN: 0521113652
Category : Law
Languages : en
Pages : 247
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Book Description
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Author: John Page
Publisher: Routledge
ISBN: 1000331253
Category : Law
Languages : en
Pages : 288
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Book Description
This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may ‘own’, where we may ‘belong’, or not, and how we may ‘connect’ through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.
Author: Edmund S. Phelps
Publisher: Princeton University Press
ISBN: 1400848296
Category : Business & Economics
Languages : en
Pages : 392
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Book Description
In this book, Nobel Prize-winning economist Edmund Phelps draws on a lifetime of thinking to make a sweeping new argument about what makes nations prosper--and why the sources of that prosperity are under threat today. Why did prosperity explode in some nations between the 1820s and 1960s, creating not just unprecedented material wealth but "flourishing"--meaningful work, self-expression, and personal growth for more people than ever before? Phelps makes the case that the wellspring of this flourishing was modern values such as the desire to create, explore, and meet challenges. These values fueled the grassroots dynamism that was necessary for widespread, indigenous innovation. Most innovation wasn't driven by a few isolated visionaries like Henry Ford and Steve Jobs; rather, it was driven by millions of people empowered to think of, develop, and market innumerable new products and processes, and improvements to existing ones. Mass flourishing--a combination of material well-being and the "good life" in a broader sense--was created by this mass innovation. Yet indigenous innovation and flourishing weakened decades ago. In America, evidence indicates that innovation and job satisfaction have decreased since the late 1960s, while postwar Europe has never recaptured its former dynamism. The reason, Phelps argues, is that the modern values underlying the modern economy are under threat by a resurgence of traditional, corporatist values that put the community and state over the individual. The ultimate fate of modern values is now the most pressing question for the West: will Western nations recommit themselves to modernity, grassroots dynamism, indigenous innovation, and widespread personal fulfillment, or will we go on with a narrowed innovation that limits flourishing to a few? A book of immense practical and intellectual importance, Mass Flourishing is essential reading for anyone who cares about the sources of prosperity and the future of the West.
Author: Michael R. Strain
Publisher: Rowman & Littlefield
ISBN: 0844750034
Category : Political Science
Languages : en
Pages : 164
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Book Description
Is economic liberty necessary for individuals to lead truly flourishing lives? Whether your immediate answer is yes or no, this question is deceptively simple. What do we mean by liberty? What constitutes the flourishing life? How are these related? How is economic liberty related to other goods that affect human flourishing? To answer these questions—and more—this volume brings to bear some of history’s greatest thinkers, interpreted by some of today’s leading scholars of their thought.
Author: Andrew Briggs
Publisher: Oxford University Press
ISBN: 0192590855
Category : Science
Languages : en
Pages : 304
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Book Description
'A careful and thoughtful provocation' (Justin Welby, Archbishop of Canterbury) Ambitiously placed at the intersection of scientific insights and spiritual wisdom, Human Flourishing prompts us to reflect on what constitutes a good life and the choices that can help achieve it. For thousands of years, humans have asked 'Why we are here?' and 'What makes for a good life?' At different times, different answers have held sway. Nowadays, there are more answers proposed than ever. Much of humanity still finds the ultimate answers to such questions in religion. But in countries across the globe, secular views are widely held. In any event, whether religious or secular, individuals, communities and governments still have to make decisions about what people get from life. This book therefore examines what is meant by human flourishing and see what it has to offer for those seeking after truth, meaning and purpose. This is a book written for anyone who wants a future for themselves, their children, and their fellow humans - a future that enables flourishing, pays due consideration to issues of truth and helps us find meaning and purpose in our lives. At a time when most of us are bombarded with messages about what we should or should not do to live healthily, attain a work-life balance and find meaning, a careful consideration of the contributions of both scientific insight and spiritual wisdom provides a new angle. This is therefore a book that not only helps readers clarify their views and see things afresh but also help them improve their own well-being in an age of AI and other new technologies.
Author: Robert P. Merges
Publisher: Harvard University Press
ISBN: 0674049489
Category : Law
Languages : en
Pages : 422
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Book Description
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
Author: Erik Parens
Publisher: Oxford University Press
ISBN: 0190940395
Category : Medical
Languages : en
Pages : 240
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Book Description
International uproar followed the recent announcement of the birth of twin girls whose genomes had been edited with a breakthrough DNA editing-technology. This technology, called clustered regularly interspaced short palindrome repeats or CRISPR-Cas9, can alter any DNA, including DNA in embryos, meaning that changes can be passed to the offspring of the person that embryo becomes. Should we use gene editing technologies to change ourselves, our children, and future generations to come? The potential uses of CRISPR-Cas9 and other gene editing technologies are unprecedented in human history. By using these technologies, we eradicate certain dreadful diseases. Altering human DNA, however, raises enormously difficult questions. Some of these questions are about safety: Can these technologies be deployed without posing an unreasonable risk of physical harm to current and future generations? Can all physical risks be adequately assessed, and responsibly managed? But gene editing technologies also raise other moral questions, which touch on deeply held, personal, cultural, and societal values: Might such technologies redefine what it means to be healthy, or normal, or cherished? Might they undermine relationships between parents and children, or exacerbate the gap between the haves and have-nots? The broadest form of this second kind of question is the focus of this book: What might gene editing--and related technologies--mean for human flourishing? In the new essays collected here, an interdisciplinary group of scholars asks age--old questions about the nature and well-being of humans in the context of a revolutionary new biotechnology--one that has the potential to change the genetic make-up of both existing people and future generations. Welcoming readers who study related issues and those not yet familiar with the formal study of bioethics, the authors of these essays open up a conversation about the ethics of gene editing. It is through this conversation that citizens can influence laws and the distribution of funding for science and medicine, that professional leaders can shape understanding and use of gene editing and related technologies by scientists, patients, and practitioners, and that individuals can make decisions about their own lives and the lives of their families.
