The Idea of Property in Law

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

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English

Oxford University Press
01 March 1997

Contract law; Property law

In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a ""bundle of rights"" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing to effectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the ""bundle"".

Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

By: James Penner (Professor of Property Law University College London)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 243mm, Width: 159mm, Spine: 21mm
Weight: 547g
ISBN: 9780198260295
ISBN 10: 0198260296
Pages: 250
Publication Date: 01 March 1997
Audience: Professional and scholarly , Undergraduate
Format: Hardback
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

Reviews for The Idea of Property in Law

`For those who wish to think - or re-think - deeply about the nature of property and its place within the law and within our lives, The Idea of Property in Law is a very good place to start.' Brian Bix, Philosophy in Review