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Vol 24 No 2 Feb/March 2019

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Property Problems: From Genes to Pension Funds

ISBN13: 9789041196439
ISBN: 9041196439
Published: January 1998
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

Out Of Print

This wide-ranging collection of essays focuses on three major concerns: firstly, the frontiers of property including genes, body parts, embryos, information, shares, bank balances and pension funds; secondly, questionable assumptions within conventional classificatory doctrines including leaseholds, mortgages, restitutionary rights, things, composite ownership and public property; thirdly, the role of property seen in an inter-disciplinary context including economic, historical, comparative and philosophical.

The essays contribute insights from both common law and civil law backgrounds. They will be of interest to practitioners, academics, researchers, and political and social theorists.

Property Law
1. Introduction: Property Problems; J.W. Harris. Part I: The Frontiers of Property.
2. Patenting Human Genes: Legality, Morality, and Human Rights; D. Beyleveld, R. Brownsword.
3. Human Dignity and Property Rights in Human Body Parts; S.R. Munzer.
4. The Legal Status of the Pre-Embryo: Some Comparative Considerations Prompted by Davis v. Davis; A. Miranda.
5. Theft of Information and the Concept of Property in the Information Age; D. Fisch Nigri.
6. Compulsory Expropriation and Company Law; G. McCormack.
7. Property: Assets or Power? Objects or Relations as Substrata of Property Rights; W. Mincke.
8. Pensions as Property and Pensions as Contract; R. Nobles. Part II: Challenges to Orthodoxies.
9. Long-Term Leases as an Alternative to Ownership; J. Weisman.
10. Security Interests as Property: Relocating Security Interests within the Property Framework; A. Clarke.
11. Property and Unjust Enrichment; W.J. Swadling.
12. Things as Thing and Things as Wealth; B. Rudden.
13. Hohfeldian Use-Rights in Property; J.E. Penner.
14. What is Non-Private Property? J.W. Harris. Part III: Relocating Property's Role.
15. Theories of Property and Economic Development; J. Getzler.
16. Telling Stories: Rights and Wrongs of the Equity of Redemption; D. Sugarman, R. Warrington.
17. Pragmatism and Property; A. Ryan.
18. Socio-Legal Concept of Property Rights in Town Development: a Critical Approach to Comparative Studies on Urban Planning Laws in Eastern and Western Countries; M. Kaino.
19. Hegel and the Social Dynamics of Property Law; M.G. Salter.
20. Hegel on Private Property and Public Access; W.N.R. Lucy. Important Published Works of Contributors.