Property Theory: Legal and Political Perspectives

doi:10.1017/9781108500043

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

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Contents

Property Theory
pp i-ii
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Property Theory - Title page
pp iii-iii
Legal and Political Perspectives
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Contributors
pp vii-viii
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Preface
pp ix-x
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1 - The Public Nature of Private Property
pp 1-22
- By Lisa M. Austin
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2 - Legal Forms in Property Law Theory
pp 23-37
- By Larissa Katz
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3 - What Is the Right to Exclude and Why Does It Matter?
pp 38-68
- By James Y. Stern
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4 - Using Things, Defining Property
pp 69-98
- By Christopher M. Newman
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5 - Is Original Acquisition Problematic?
pp 99-120
- By Nicholas Sage
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6 - Appropriating Lockean Appropriation on Behalf of Equality
pp 121-137
- By Michael Otsuka
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7 - Rights, Distributed and Undistributed: On the Distributive Justice Implications of Lockean Property Rights, Especially in Land
pp 138-160
- By James Penner
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8 - Lockean Property Theory in Confucian Thought: Property in the Thought of Wang Fuzhi (1619–1692) and Huang Zongxi (1610–1695)
pp 161-186
- By Norman P. Ho
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9 - Two Ways of Theorizing ‘Collective Ownership of the Earth’
pp 187-214
- By Johan Olsthoorn
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References
pp 215-230
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Index
pp 231-242
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Property Theory

Legal and Political Perspectives

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Contents

Property Theory
pp i-ii

Property Theory - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Contributors
pp vii-viii

Preface
pp ix-x

1 - The Public Nature of Private Property
pp 1-22

2 - Legal Forms in Property Law Theory
pp 23-37

3 - What Is the Right to Exclude and Why Does It Matter?
pp 38-68

4 - Using Things, Defining Property
pp 69-98

5 - Is Original Acquisition Problematic?
pp 99-120

6 - Appropriating Lockean Appropriation on Behalf of Equality
pp 121-137

7 - Rights, Distributed and Undistributed: On the Distributive Justice Implications of Lockean Property Rights, Especially in Land
pp 138-160

8 - Lockean Property Theory in Confucian Thought: Property in the Thought of Wang Fuzhi (1619–1692) and Huang Zongxi (1610–1695)
pp 161-186

9 - Two Ways of Theorizing ‘Collective Ownership of the Earth’
pp 187-214

References
pp 215-230

Index
pp 231-242

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Property Theory

Legal and Political Perspectives

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