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A Liberal Theory of Property


ISBN13: 9781108418546
Published: April 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £74.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

  • Shows why the justification and legal architecture of property must be examined in tandem
  • Develops a theory of property that accommodates seemingly conflicting normative commitments
  • Offers coherent liberal proposals relevant to ongoing legal reform debates

Subjects:
Property Law
Contents:
Preface:
1. Liberal property
2. Some basics
3. Autonomy and private authority
4. Property's structural pluralism
5. Property's relational justice
6. Making property law
7. Just markets
8. Property transitions
9. Afterword
Notes