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Vol 23 No 5 May/June 2018

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The Idea of Property in Law

J.E. PennerLecturer in Law, Brunel University

ISBN13: 9780198260295
ISBN: 0198260296
Published: March 1999
Publisher: Oxford University Press
Format: Hardback
Price: £96.00

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Taking a novel perspective on the idea of property, the author situates property in the broader system of rules, rights and powers which make up the legal system. Distinguishing the rules of property from the rules of contract, the book argues that sharing and giving are central to our notion of property, but that the right to sell is not. Property and markets are not married in the way that most legal philosophers think.

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