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Philosophy - Property Rights: A Re-Examination (Oxford Legal Philosophy)

Description

Book Synopsis: Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed, obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

Details

Unlock the secrets of property rights with Property Rights: A Re-Examination (Oxford Legal Philosophy). Delve into the intricate tripartite structure of ownership and gain a deeper understanding of the fundamental principles that govern property theory. This book challenges conventional notions and offers a fresh perspective that will revolutionize your perception of property rights.

Embark on a journey of discovery as Property Rights: A Re-Examination dismantles the traditional bundle of rights model and delves into the complexities of jural relations. Explore the limitations of existing theories and gain insights that will enhance your comprehension of property rights. Get ready to expand your knowledge and challenge your intellect with this illuminating read.

Prepare to be captivated by the philosophical exploration of property rights in Property Rights: A Re-Examination. From Kantian theories to the essence of ownership in land, this book delves deep into the justifications and forms of property rights. Uncover the nuanced nuances that shape our understanding of ownership and emerge with a newfound appreciation for the complexities of property law.

Ready to delve into the world of property rights? Elevate your legal philosophy knowledge with Property Rights: A Re-Examination. Explore the intricate web of ownership structures and challenge your perspective on property theory. Embrace the intellectual journey that awaits you and unlock a wealth of new insights that will transform your understanding of property rights.

Explore the world of property rights today!

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