The idea of property in law
The common sense view that the right to property is 'the right to things' has long been regarded by lawyers and philosophers as impossible to sustain, given the broad range of property in the law and the reliance of philosophers on ideas of 'property' or 'ownership' to...
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| Format: | Buch |
| Sprache: | English |
| Veröffentlicht: |
Oxford
Clarendon Press
1997
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| Zusammenfassung: | The common sense view that the right to property is 'the right to things' has long been regarded by lawyers and philosophers as impossible to sustain, given the broad range of property in the law and the reliance of philosophers on ideas of 'property' or 'ownership' to explain complex issues like privacy or civil rights like freedom of speech In this book a coherent and sensible idea of property is developed that vindicates the common sense view of property. Relying on Raz's work on norms and the structure of legal systems, the legal practice that regulates our interactions with things is set against the background of other laws. By situating property in the context of a system of norms, one is able to distinguish its essential features. In particular, a sharp distinction can be drawn between the practice of property, which concerns the normative relations between people and things, and the practice of contract, which concerns personal relations between people arising by agreement. Property and contract have for far too long been considered as inextricably intertwined, and the work of Hegel and Locke is examined from this critical perspective. In contrast, the gratuitous social use of property, giving and sharing, is explained as fundamental to the practice of property itself Finally, the role that idea of property plays in our moral and legal understanding is taken up; the claim is made that the interesting 'distributional' aspect of property is the way in which property is applied to different objects in different societies, rather than the actual distribution of property or wealth amongst individuals, which concerns the much broader question of the proper scope and overlap of gift, command, and market economies |
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| Beschreibung: | VIII, 240 S. |
| ISBN: | 0198260296 |