A liberal theory of property / Hanoch Dagan, Tel Aviv University.

Format:

Book

Author/Creator:

Dagan, Ḥanokh, author.

Language:

English

Subjects (All):

Property--Philosophy.

Property.

Liberalism.

Property--Political aspects.

Physical Description:

1 online resource (xvi 326 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

Contents:

Cover

Half-title

Title page

Copyright information

Dedication

Contents

Preface

1 Liberal Property

From Autonomy to Property

Carefully Delineated Private Authority

Structural Pluralism

Relational Justice

Against the Current

A Brief Roadmap

2 Some Basics

Property Theory As Legal Theory

Property Theory As Interpretive Theory

Property and Property Types

Property As a Category of Thinking

Property and Contract

Resources and Relations

Form and Substance

Liberal Polity

3 Autonomy and Private Authority

From Independence to Self-Determination

Property and the Promotion of Autonomy

Ultimate, Intrinsic, and Instrumental Values

Personhood

Community

Utility

Autonomy As Side Constraint

The Powers of Property

Justifying Property

Risking Panglossianism?

Inherent Limitations of Property's Power

Autonomy and Distribution

Challenge of Neutrality

4 Property's Structural Pluralism

Variety of Property

Property Governance

Commons Property

Multiplicity and Autonomy

Nozick's Utopia

Law's Role

Blackstonian Ownership

Developing an Adequate Range of Types

Missing Types

Numerus Clausus

5 Property's Relational Justice

Kantian Property

Mission Impossible

Mission Undesirable

Relationally Just Private Authority

Public Accommodations

Fair Housing

Owners' Responsibilities

Unjust Property Types

6 Making Property Law

Property's Core and the Institutional Question

Performance

Legitimacy

Both Legislatures and Courts

Property and the Rule of Law

Guidance

The Birth of Common-Interest Communities

Structural Pluralism and Rules

Informative Standards

Constraint

Revisiting Shelley v. Kraemer

Liberal Property and the Rule of Law

The Human Right to Property.

The Global Land Rush

7 Just Markets

What Is a Market?

Property and Markets

Autonomy-Based Markets?

Two Roles

Changing Plans

Incomplete Commodification

Markets and Labor

8 Property Transitions

Property and Time

Vulnerability and Stability Across Time

The Transition Intuition

Lucas's Compact

Rule of Change

Two Unacceptable Pacts

Limits to the Libertarian Pact

Limits to the Progressive Pact

The Liberal Pact

Boundaries to the Liberal Pact

Reconstructing Takings Law

9 Afterword

Notes

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Index.

Notes:

Title from publisher's bibliographic system (viewed on 08 Mar 2021).

ISBN:

1-108-31106-7

1-108-31406-6

1-108-29034-5

OCLC:

1152356111