An Expressive Theory of Possession

An Expressive Theory of Possession PDF Author: Michael JR Crawford
Publisher: Bloomsbury Publishing
ISBN: 1509929940
Category : Law
Languages : en
Pages : 229

Get Book Here

Book Description
Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.

An Expressive Theory of Possession

An Expressive Theory of Possession PDF Author: Michael JR Crawford
Publisher: Bloomsbury Publishing
ISBN: 1509929940
Category : Law
Languages : en
Pages : 229

Get Book Here

Book Description
Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.

Research Handbook on Property, Law and Theory

Research Handbook on Property, Law and Theory PDF Author: Chris Bevan
Publisher: Edward Elgar Publishing
ISBN: 1802202064
Category : Law
Languages : en
Pages : 553

Get Book Here

Book Description
This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.

Justifying Private Rights

Justifying Private Rights PDF Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 150993197X
Category : Law
Languages : en
Pages : 293

Get Book Here

Book Description
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.

A History of Intellectual Property in 50 Objects

A History of Intellectual Property in 50 Objects PDF Author: Claudy Op den Kamp
Publisher: Cambridge University Press
ISBN: 1108352022
Category : Law
Languages : en
Pages : 446

Get Book Here

Book Description
What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.

Northrop Frye and Others

Northrop Frye and Others PDF Author: Robert D. Denham
Publisher: University of Ottawa Press
ISBN: 0776626728
Category : Literary Criticism
Languages : en
Pages : 333

Get Book Here

Book Description
Robert D. Denham pursues his quest to uncover the links between Northrop Frye and writers and others who directly influenced his thinking but about whom he did not write an extensive commentary. The first chapter is about Frye’s reading of Patanjali, the founder of the philosophy of Hindu yoga, while the second, discusses cultural mythographer Giambattista Vico, literary history and poetic language. The focus of Frye’s criticism was the verbal arts, but he also had an abiding interest in both the visual arts and music; hence Frye’s admiration of J.S. Bach. The essay on Tolkien examines the tendency in literary history to return from irony to myth, as well as the role that Tolkien played in Frye’s fiction-writing fantasies. In subsequent chapters, Denham explores Frye’s preference for romance and his critique of realism, which run parallel to the views of Oscar Wilde, and their strong shared convictions about the centripetal thrust of art, and about criticism being as creative as literature. Frye’s appreciation for Whitehead’s concept of interpenetration in Science in the Modern World became a key feature of Frye’s speculations about the highest reaches of literature and religion. Frye is clearly indebted to Martin Buber, particularly his influential meditation I and Thou. Aristotle, an important influence upon Frye, was partially filtered through R.S. Crane and his The Languages of Criticism and the Structure of Poetry. Finally, the relationship between Frye and his Oxford tutor Edmund Blunden are explored, while the last is an essay on Frye and M.H. Abrams on how Frye’s critical project might be viewed developed in Abrams’s The Mirror and the Lamp. This book is published in English. - Robert D. Denham poursuit son examen d’écrivains et autres influences qui ont marqué l’éminent critique Northrop Frye, mais sur lesquels celui-ci n’avait pas consacré de réflexions très développées. Le premier chapitre porte sur la lecture que fait Frye de Patanjali, le fondateur de la philosophie du yoga hindou, et le deuxième, sur le mythographe culturel Giambattista Vico, l’histoire littéraire et le langage poétique. Frye s’intéressait aux arts visuels et à la musique et Denham approfondit l’influence de J.S. Bach sur Frye. Le chapitre sur Tolkien porte sur la tendance en histoire littéraire de passer de l’ironie au mythe, mais aussi sur l’ascendant de Tolkien sur la fiction fantaisiste de Frye. Dans les chapitres suivants, Denham explore la préférence de Frye pour le romantique et sa critique du réalisme, qui trouvent écho chez Oscar Wilde, de même que leur conviction, partagée, de l’importance de l’art, et de la critique comme étant aussi créative que la littérature. L’admiration de Frye pour le concept d’interpénétration présenté dans le Science in the Modern World de Whitehead est devenue un élément clé des réflexions de Frye sur la portée de la littérature et de la religion. Denham explore aussi le lien entre Frye et Martin Buber, dont la méditation I and Thou l’a beaucoup inspiré, et celui entre Frye et R.S. Crane, qui parle beaucoup d’Aristote dans son ouvrage The Languages of Criticism and the Structure of Poetry. Le chapitre 9 explore la relation entre Frye et son tuteur d’Oxford, Edmund Blunden, alors que le dernier chapitre porte sur Frye et M.H. Abrams, et notamment sur le projet critique de Frye compris à la lumière du cadre sur la théorie critique développé par Abrams dans The Mirror and the Lamp. Ce livre est publié en anglais.

The Expressive Powers of Law

The Expressive Powers of Law PDF Author: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674967208
Category : Law
Languages : en
Pages : 335

Get Book Here

Book Description
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Land Law

Land Law PDF Author: Ben|Hopkins McFarlane (Nicholas|Nield, Sarah)
Publisher: Oxford University Press
ISBN: 0198893248
Category :
Languages : en
Pages : 1163

Get Book Here

Book Description


Perspectives on Property Law

Perspectives on Property Law PDF Author: Robert C. Ellickson
Publisher: Aspen Publishing
ISBN: 1543856160
Category : Law
Languages : en
Pages : 544

Get Book Here

Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team

Land Law

Land Law PDF Author: Ben McFarlane
Publisher: Oxford University Press
ISBN: 0198868529
Category : Estates (Law)
Languages : en
Pages : 1169

Get Book Here

Book Description
Land Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach their land law course with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts to offer students a full account of the subject. Using the popular Text, Cases and Materials format the authors take a critical approach to the subject, presenting thought-provoking analysis of the leading case-law in the area and inviting students to develop their own analytical skills ready for exams. The book can be used as a stand-alone resource, or as a complement to Land Law: Core Text, written by the same authors. Covering a broad range of topics, the authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the subject. This approach arms students with the tools needed to analyse content autonomously by seeing how individual rules fit into a broader structure, leading students towards a comprehensive and advanced understanding of this complex subject area. Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A range of resources for this book are available online: - Self-test questions with feedback - Exclusive online chapters - Guidance on answering end-of-chapter questions - Links to further research and websites

The Oxford Handbook of Ralph Waldo Emerson

The Oxford Handbook of Ralph Waldo Emerson PDF Author: Christopher Hanlon
Publisher: Oxford University Press
ISBN: 0192647091
Category : Literary Criticism
Languages : en
Pages : 657

Get Book Here

Book Description
The Oxford Handbook of Ralph Waldo Emerson is the most expansive collection of critical essays on Emerson to date, a survey that approaches Emerson from the vantages of climate change, racial justice, print culture, the digital humanities, the new religious studies, hemispheric American Studies, health humanities, and affect theory among other critical perspectives. Curated between a forward by editor Christopher Hanlon--who makes the case for a capacious and contemporary Emerson--and Cornel West--the activist-scholar whose influential work on Emerson merges with a career of advocacy for economic and racial justice?this collection assesses the history and state of Emerson scholarship while charting pathways for new work on this most essential American writer. Comprised of new works by leading figures in nineteenth-century Americanist literary studies, the volume suggests directions into underexamined facets of Emerson's writing, life, and reputation. From Emerson's engagements with energy infrastructure and the processes of extraction that undergirded the locomotives he rode and the energy economies he sometimes extolled; to the vicissitudes of age he experienced alongside the romantic tropes of youthful vigour he both re-circulated and re-tooled; to Emerson's poetry, both in its philosophical formulations and in its reflections of the material circumstances of nineteenth-century print culture; to Emerson's resonance beyond the United States, elsewhere in the western hemisphere; to the Black press and its refractions of Emersonian transcendentalism in the midst of ante- and post-bellum justice struggles; to the legacies of Emerson to be found in the writings of W.E.B. Du Bois, James Baldwin, Rachel Carson, and in the versions of ?Emerson? to be found in children's literature; to his often-fraught and often-fruitful engagements with reform movements of various sorts; to the prospects for digital processes of re-reading Emerson and his contemporaries' styles of textual production and engagement, The Oxford Handbook of Ralph Waldo Emerson is a necessary resource for students, scholars, and general readers committed to the study of Emerson, transcendentalism, and current critical approaches to United States literature.