A Theory of Property

A Theory of Property

by Stephen R. Munzer
     
 

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.

Three features of the book are especially salient. First, it offers a challenging new pluralist theory of justification. Second, the argument

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Overview

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.

Three features of the book are especially salient. First, it offers a challenging new pluralist theory of justification. Second, the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel, and Marx with a discussion of contemporary philosophers such as Nozick and Rawls. Third, the author moves with assurance among philosophy, law, and economics. What emerges is a very broad, interdisciplinary study that will be of great interest to political philosophers, legal theorists, economists, and social scientists.

Product Details

ISBN-13:
9780521378864
Publisher:
Cambridge University Press
Publication date:
01/28/1990
Series:
Cambridge Studies in Philosophy and Law Series
Edition description:
New Edition
Pages:
504
Product dimensions:
5.98(w) x 8.98(h) x 1.14(d)

Table of Contents

Preface and acknowledgmentsix
1Property, justification, and evaluation1
1.1Problems of justification and evaluation1
1.2A solution3
1.3Foundations9
Part IProperty rights and personal rights
2Understanding property15
2.1Popular and sophisticated conceptions of property15
2.2Hohfeld's vocabulary and its limitations17
2.3The idea of property22
2.4Expectations28
2.5A misguided enterprise?31
3Persons and their bodies37
3.1Body rights37
3.2Body rights as limited property rights41
3.3Personal rights and property rights44
3.4From self-ownership to world-ownership?56
Part IIFrom individuals to social context
4Incorporation and projection61
4.1Nature of the inquiry61
4.2Extension by incorporation63
4.3Embodiment by projection67
4.4Two transcendental features71
4.5Intention and convention75
4.6Agency, stability, and expectations79
4.7Property and personality81
5Control, privacy, and individuality88
5.1Private property and excludability88
5.2Control, privacy, and individuality90
5.3Problems of distribution98
5.4Charity and welfare110
5.5An impasse?117
6Property and moral character120
6.1Four claims120
6.2Virtues, vices, and moral character121
6.3From moral to political theory125
6.4Republicanism, virtue, and commercial society138
6.5Moral character and economic systems142
6.6Property and moral ideals145
7Alienation, exploitation, and power148
7.1The program148
7.2Property as an attribute of societies and persons149
7.3Marx on alienation157
7.4Alienation and exploitation169
7.5Problems of production174
7.6Property and power178
7.7Social life, economic options, and theory181
Part IIIJustification and distributive equity
8Utility and efficiency191
8.1Distributive equity191
8.2The utilitarian tradition193
8.3A principle of utility196
8.4Efficiency198
8.5A combined principle of utility and efficiency202
8.6Utility, efficiency, and property206
8.7Preferences and expectations221
8.8Can utility and efficiency account for rights of private property?224
9Justice and equality227
9.1The principle227
9.2Strict equality230
9.3A Rawlsian conception of equal property233
9.4The floor thesis241
9.5The gap thesis247
10Labor and desert254
10.1Overview254
10.2The initial labor theory256
10.3The revised labor theory266
10.4Understanding the revised labor theory285
10.5Assessing the significance of the revised labor theory289
11Conflict and resolution292
11.1Pluralism and conflict292
11.2The frequency and varieties of conflicts297
11.3Logical consistency, moral realism, and theory acceptance304
11.4Guidelines for application310
Part IVApplications
12Business corporations317
12.1The itinerary317
12.2Efficiency, utility, and the separation of ownership and control320
12.3Toward a comprehensive view of ownership and control346
12.4Standards of corporate behavior357
12.5Ownership, control, and corporate standards in a regime of public ownership368
12.6Coda378
13Gratuitous transfers380
13.1Taxation and redistribution380
13.2Wealth inequality and its causes383
13.3Justifying the reduction of inequalities of wealth395
13.4A plan for reducing inequalities of wealth403
13.5More charges of adverse impact411
14A moral and political theory of takings419
14.1Takings and taxings419
14.2An approach to the moral and political problem422
14.3Utility, efficiency, and takings425
14.4The impact of labor-desert and justice and equality435
15Takings and the constitution442
15.1Some traditional judicial tests442
15.2Some other academic approaches448
15.3Toward a new constitutional perspective456
15.4Applications460
15.5Reprise468
Table of cases471
Index of names473
Index of subjects481

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