This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
|Publisher:||Cambridge University Press|
|Series:||Cambridge Introductions to Philosophy and Law|
|Sold by:||Barnes & Noble|
|File size:||659 KB|
About the Author
Eduardo M. Peñalver is a Professor of Law at Cornell University, New York. Upon graduating from Yale Law School, he clerked for the Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit and for Justice John Paul Stevens of the US Supreme Court. His research interests focus on property and land use, as well as law and religion. He is particularly interested in the ways that property both fosters and reflects social bonds. He is the author of numerous books and articles on property and land use law and his work has appeared in several leading law journals. His book, Property Outlaws (co-authored with Sonia Katyal), explores the role of disobedience in the evolution of property law.