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Author: Christopher Essert
Publisher:
ISBN: 9780197768976
Category : Equality
Languages : en
Pages : 0
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Book Description
"Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
Author: Christopher Essert
Publisher:
ISBN: 9780197768976
Category : Equality
Languages : en
Pages : 0
Get Book Here
Book Description
"Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
Author: Christopher Essert
Publisher: Oxford University Press
ISBN: 0197768954
Category : Law
Languages : en
Pages : 249
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Book Description
"Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
Author: Alan Thomas
Publisher: Oxford University Press
ISBN: 0190602112
Category : Business & Economics
Languages : en
Pages : 473
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Book Description
This first book length study of property-owning democracy argues that a society in which capital is universally accessible to all citizens uniquely meets the demands of justice. It defends a renovated form of capitalism in which the free market is no longer a threat to social democratic values, but is potentially convergent with them.
Author: Jonathan Rothwell
Publisher: Princeton University Press
ISBN: 0691206430
Category : Business & Economics
Languages : en
Pages : 390
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Book Description
In this provocative book, economist Jonathan Rothwell draws on the latest empirical evidence from across the social sciences to demonstrate how rich democracies have allowed racial politics and the interests of those at the top to subordinate justice. He looks at the rise of nationalism in Europe and the United States, revealing how this trend overlaps with racial prejudice and is related to mounting frustration with a political status quo that thrives on income inequality and inefficient markets. But economic differences are by no means inevitable. Differences in group status by race and ethnicity are dynamic and have reversed themselves across continents and within countries. Inequalities persist between races in the United States because Black Americans are denied equal access to markets and public services. Meanwhile, elite professional associations carve out privileged market status for their members, leading to compensation in excess of their skills.
Author: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674659767
Category : History
Languages : en
Pages : 277
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Book Description
Cover -- Title Page -- Copyright -- Dedication -- Contents -- Preface -- 1. "More Than Merely Equal Consideration"? -- 2. Prescriptivity and Redundancy -- 3. Looking for a Range Property -- 4. Power and Scintillation -- 5. A Religious Basis for Equality? -- 6. The Profoundly Disabled as Our Human Equals -- Index
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1108418546
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author: Thomas Scanlon
Publisher: Oxford University Press
ISBN: 0198812698
Category : Philosophy
Languages : en
Pages : 181
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Book Description
Inequality is widely regarded as morally objectionable: T. M. Scanlon investigates why it matters to us. He considers the nature and importance of equality of opportunity, whether the pursuit of greater equality involves objectionable interference with individual liberty, and whether the rich can be said to deserve their greater rewards.
Author: Peter Levaggi
Publisher: Jordan Publishing (GB)
ISBN: 9781846615474
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
This is a comprehensive guide to the law relating to property and insolvency, as well as related areas such as bankruptcy and trustee sales.
Author: Roberto Gargarella
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754647836
Category : Political Science
Languages : en
Pages : 336
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Book Description
This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.
