James E. Penner ponders with much insight both the notion of property and its place in the legal system, and his musings prove fascinating. Penner proposes that the idea of property as a "bundle of rights"including the right to possess, the right to use, the right to destroy, etc.is deficient as a concept. That is, it fails to effectively characterize any particular sort of legal relation and evades attempts to determine which rights are crucial to the "bundle". By way of a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation, and then considers how property functions within the broader legal system.
Introduction The Elements of a Normative System The Individuation of the Law of Property The Right to Property: The Exclusion Theses The Objects of Property: The Reparability Thesis The Duty of non-interference and Ownership Property and Contract I: The Power to Sell and the Influence of Markets Property and Contract II: Hegel's Idea of Property Property and Contract III: Locke and the Consent to Market Distribution The Role of Property Bibliography