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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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Reinterpreting Property

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Margaret Jane RadinProfessor of Law, Stanford University, USA

ISBN13: 9780226702278
ISBN: 0226702278
Published: July 1996
Publisher: The University of Chicago Press
Format: Hardback
Price: £44.00

Though the law of property affects many Americans' everyday lives and most basic rights, America's legal culture continues to struggle over how to explain or justify the institution of property. This collection of essays aims to revitalize the liberal personality theory of property. Margaret Jane Radin argues that the law should take into account non-monetary personal value attached to property and that some things, such as bodily integrity, are so personal they should not be considered property at all.;Prefaced by a new introduction outlining the development of Radin's thought and addressing the various critiques that her position has elicited, this collection gathers pieces ranging from Radin's early essay on property and personhood to her more recent works on takings. The essays serve as a counterpoint to more conservative - and widespread - economic theories of property.

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Acknowledgments Introduction: Property and Pragmatism 1: Property and Personhood 2: Residential Rent Control 3: Problems for the Theory of Absolute Property Rights 4: The Liberal Conception of Property: Crosscurrents in the Jurisprudence of Takings 5: Diagnosing the Takings Problem 6: Government Interests and Takings: Cultural Commitments of Property and the Role of Political Theory 7: The Rhetoric of Alienation Notes Index