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Vol 23 No 5 May/June 2018

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Property Law and Social Morality

ISBN13: 9781107006454
Published: February 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £72.00
Paperback edition , ISBN13 9781316621134

Despatched in 5 to 7 days.

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other.

By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time.

The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Part I. A Unified Theory:
1. Property's values
2. An overview of the theory
3. Owner as decision maker
4. Ownership and social recognition
5. Other-regarding decision making
6. Assigning burdens and benefits

Part II. Applications:
7. Exclusion
8. Nuisance: spatial coordination
9. Concurrent decision makers
10. Temporal coordination

Part III. Legislative Regulation and Social Morality:
11. A theory of legislative regulation
12. The takings power
13. Legislative regulation and due process
14. The promise of unity.