The Idea of Property in Law

James Penner (Professor of Property Law, University College London)

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English

Oxford University Press
01 October 2000

Law; Jurisprudence & philosophy of law; Contract law; Property law; Personal property law

Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the `practice' of property and the `practice' of contract is essential for a proper understanding, but the failure to do so is common. As the author shows, it mars both Locke's and Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of propertyDSthat is a question which concerns the justice of the economyDSgift, command, market, or mixedDSthat distributes all values, not just rights in property. The important `distributional' question about property is this: to what values does the property practice apply? Why does it apply to castles and cars, books and bank balances, but not to our body parts and our labour, nor to our employment contracts and our sexuality? In answer the author develops a distinction between persons and our personality-rich relationships which cannot be objects of property, and `things', both land and objects and personality-poor relationships like debts, which can.

By: James Penner (Professor of Property Law University College London)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 15mm
Weight: 396g
ISBN: 9780198299264
ISBN 10: 0198299265
Pages: 250
Publication Date: 01 October 2000
Audience: Professional and scholarly , Professional and scholarly , Postgraduate, Research & Scholarly , Undergraduate , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction The Elements of a Normative System The Individuation of the Law of Property The Right to Property: The Exclusion Theses The Objects of Property: The Reparability Thesis The Duty of Non-Interference and Ownership Property and Contract I: The Power to Sell and the Influence of Markets Property and Contract II: Hegel's Idea of Property Property and Contract III: Locke and the Consent to Market Distribution The Role of Property Bibliography

Dr James Penner is Professor of Property Law at University College London