Property rights : a re-examination / J.E. Penner.

Format:

Book

Author/Creator:

Penner, J. E. (James E.), author.

Series:

Oxford legal philosophy.

Oxford scholarship online.

Oxford legal philosophy

Oxford scholarship online

Language:

English

Subjects (All):

Right of property.

Right of property--Philosophy.

Physical Description:

1 online resource (xvii, 233 pages).

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2020.

Summary:

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property; Part 2 explores in detail the Hohfeldian theory of jural relations; Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance, anb concludes by addressing the ever-vexed question of property rights in land.

Contents:

Part One. The Complex Structure of Legal Title to Property. 1. The 'Bundle of Rights' Picture of Property Revisited ; 2. Two Nominalisms: Moral-Political Nominalism and Scientific Reductionist Nominalism

Part Two. Hohfeldian Analysis and Legal Property Rights. 3. Hohfeldian Liberties ; 4. The Problems with Powers ; 5. Multital Jural Relations ; 6. The Transmissibility of Rights and the Power to Transfer Title

Part Three. The Form and Justification of Legal Property Rights. 7. Exclusion, Use and Usability ; 8. The Justification of Property Rights ; 9. Rights in Land

A Conclusion of Sorts.

Notes:

Description based on print version record.

Also issued in print: 2020.

Includes bibliographical references and index.

ISBN:

0-19-186853-1

0-19-256578-8

0-19-256579-6