Research Handbook on Property, Law and Theory / edited by Chris Bevan.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Bevan, Chris, editor.

Series:

Research handbooks in private and commercial law.

Research Handbooks in Private and Commercial Law Series

Language:

English

Subjects (All):

Property--Philosophy.

Property.

Right of property.

Physical Description:

1 online resource (552 pages)

Edition:

First edition.

Place of Publication:

Cheltenham, England : Edward Elgar Publishing Limited, [2024]

Summary:

"This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine property's place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change. Bringing together over 30 contributors from Asia, Australasia, Europe, and North America, the Research Handbook surveys the dynamic fields of property and property law across legal traditions through different historical, contemporary, comparative and jurisdiction-specific lenses. Contributing authors pose questions as to how property can and should be theorised and conceptualised, incorporating insights from feminist and LGBTQ+ perspectives, as well as questions surrounding property and emotion, squatting and human rights issues. Contributors explore how property operates in different legal frameworks and in these distinct contexts, reflecting on property's place in theory and society. Presenting unique insights from leading experts in the field, this prescient Research Handbook is a thought-provoking read for students and scholars of legal theory, property law, property theory and socio-legal studies"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Figures

Contributors

Foreword

PART I Foundations

1. Introduction to the Research Handbook on Property, Law and Theory: Revisiting classical accounts and exploring contemporary contexts and challenges

2. Justifying property: looking beyond the Blackstonian paradigm of private ownership by a self-interested autonomous human individual

3. Real property rights in England and Wales: removing the law/equity distinction

4. Possession, use, and exclusion

5. Boundaries

PART II Classical and contemporary accounts of property theory

6. Utilitarian property theories

7. Locke's theory of property

8. After Hegel: rethinking personhood for the collective

9. Authority and acquisition: Kant on property in the state of nature

10. The concept of property in Marx

11. Radical contingency and the bundle of rights

12. Progressive property's Thomistic turn: connecting human sustenance and human flourishing

13. Liberal property theory

14. Destabilizing property

15. Property theory's neglect of non-private property

16. Property as service streams

17. The praxis of real estate law: more than scriveners of the deal

PART III Property in context

18. Feminist perspectives on property law

19. Property and the LGBTQ+ community: the example of the United States

20. Indigenous peoples and the violence of 'property': can human rights law support decolonisation?

21. Eminent domain, regulatory takings and the right to property

22. Property law and emotions

23. Property in human body parts

24. Speculation, squatting and sustainability

25. Rights and challenges in the technological domain: navigating the transformations of digital property

26. Property and the art world

27. Intellectual property rights and private law entitlements.

28. Intellectual property law in gaming and artificial intelligence

29. Cryptoassets and the renaissance of the tertium quid?

30. Property rights and environmental ethics

31. Private property and climate change

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Includes bibliographical references and index.

Description based on print version record.

Includes index.

ISBN:

1-80220-206-4