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Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their c...
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implica...
"Represents a rich tapestry that weaves a thread between the theory of property and the concrete details of everyday life"--P. [4] of cover.
Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security nec...
Cover -- Half Title -- Title -- Copyright -- Contents -- Acknowledgments -- Introduction: A Fourth Way? -- PART I: THE TRANSITION TO PRIVATE PROPERTY-LEGAL PERSPECTIVES -- The Challenge of Privatization in the Former East Germany: Reconciling the Conflict Between Individual Rights and Social Needs -- The Uneasy Breach with Socialized Ownership: Legal Aspects of Privatization of State-owned Enterprises in Poland -- Pensioners in America: The Economic Triumph and Political Limitations of Passive Ownership -- PART II: THE TRANSITION TO MARKET ECONOMY-ECONOMIC PERSPECTIVES -- The Transition to a Market Economy in Russia: Property Rights, Mass Privatization and Stabilization -- Stabilization vers...
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Tenth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a moveable feast of visual interest, compelling cases, and timely coverage of contemporary issues. In the Tenth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. New to the Tenth Edition: Newly unearthed American case law on litigation over wild animals prior to Pierson v. Post (Chapter 1). The addition of primary cases the Supreme Court decided in 2020 concerning statutory annotations (Chap...
A thorough and original study of the linothorax, the linen armor worn by Alexander the Great. Alexander the Great led one of the most successful armies in history and conquered nearly the entirety of the known world while wearing armor made of cloth. How is that possible? In Reconstructing Ancient Linen Body Armor, Gregory S. Aldrete, Scott Bartell, and Alicia Aldrete provide the answer. An extensive multiyear project in experimental archaeology, this pioneering study presents a thorough investigation of the linothorax, linen armor worn by the Greeks, Macedonians, and other ancient Mediterranean warriors. Because the linothorax was made of cloth, no examples of it have survived. As a result,...
The classical Fourier transform is one of the most widely used mathematical tools in engineering. However, few engineers know that extensions of harmonic analysis to functions on groups holds great potential for solving problems in robotics, image analysis, mechanics, and other areas. For those that may be aware of its potential value, there is sti