Property law and social morality / Peter M. Gerhart, Case Western Reserve University School of Law.

Format:

Book

Author/Creator:

Gerhart, Peter M., author.

Language:

English

Subjects (All):

Right of property--Social aspects.

Right of property.

Physical Description:

1 online resource (xiii, 332 pages) : digital, PDF file(s)

Other Title:

Property Law & Social Morality

Place of Publication:

Cambridge : Cambridge University Press, 2014.

System Details:

text file

PDF

Summary:

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Contents:

Property's values

An overview of the theory

Owner as decision maker

Ownership and social recognition

Other-regarding decision making

Assigning burdens and benefits

Exclusion

Nuisance: spatial coordination

Concurrent decision makers

Temporal coordination

A theory of legislative regulation

The takings power

Legislative regulation and assigning burdens

The promise of unity.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139035187

Access Restriction:

Restricted for use by site license.