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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Idea of Property in Law

James PennerLecturer in Law, London School of Economics

ISBN13: 9780198299264
ISBN: 0198299265
Published: March 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £38.99

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Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the 'practice' of property and the 'practice' of contract is essential for a proper understanding, but the failure to do so is common.

As the author shows, it mars both Locke's and Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of property that is a question which concerns the justice of the economy gift, command, market, or mixed that distributes all values, not just rights in property.

The important 'distributional' question about property is this: to what values does the property practice apply? Why does it apply to castles and cars, books and bank balances, but not to our body parts and our labour, nor to our employment contracts and our sexuality?;

In answer the author develops a distinction between persons and our personality-rich relationships which cannot be objects of property, and 'things', both land and objects and personality-poor relationships like debts, which can.

Property Law, Jurisprudence
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