A Liberal Theory of Property

A Liberal Theory of Property
Title A Liberal Theory of Property PDF eBook
Author Hanoch Dagan
Publisher Cambridge University Press
Pages 343
Release 2021-04-15
Genre Business & Economics
ISBN 1108418546

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Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

The Changing Role of Property Law

The Changing Role of Property Law
Title The Changing Role of Property Law PDF eBook
Author Ernst Nordtveit
Publisher Edward Elgar Publishing
Pages 0
Release 2023-01-12
Genre Property
ISBN 9781839100642

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This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.

Conceptualising Property Law

Conceptualising Property Law
Title Conceptualising Property Law PDF eBook
Author Yaëll Emerich
Publisher Edward Elgar Publishing
Pages 338
Release 2018-11-30
Genre Law
ISBN 1788111842

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Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

The Turning Point in Private Law

The Turning Point in Private Law
Title The Turning Point in Private Law PDF eBook
Author Ugo Mattei
Publisher Edward Elgar Publishing
Pages 262
Release 2018-10-26
Genre Law
ISBN 1786435187

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Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Property Rights

Property Rights
Title Property Rights PDF eBook
Author Terry L. Anderson
Publisher Princeton University Press
Pages 412
Release 2003
Genre Law
ISBN 9780691099989

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In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).

The Psychology of Property Law

The Psychology of Property Law
Title The Psychology of Property Law PDF eBook
Author Stephanie M. Stern
Publisher NYU Press
Pages 303
Release 2020-02-25
Genre Psychology
ISBN 1479835684

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Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Owned

Owned
Title Owned PDF eBook
Author Joshua A. T. Fairfield
Publisher Cambridge University Press
Pages 261
Release 2017-07-10
Genre Law
ISBN 1107159350

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Owned provides a legal analysis of the legal, social, and technological developments that have driven an erosion of property rights in the digital context.