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Liberal Theory of Property [Kõva köide]

  • Formaat: Hardback, 344 pages, kõrgus x laius x paksus: 160x235x25 mm, kaal: 640 g, Worked examples or Exercises
  • Ilmumisaeg: 15-Apr-2021
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108418546
  • ISBN-13: 9781108418546
  • Formaat: Hardback, 344 pages, kõrgus x laius x paksus: 160x235x25 mm, kaal: 640 g, Worked examples or Exercises
  • Ilmumisaeg: 15-Apr-2021
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108418546
  • ISBN-13: 9781108418546
Property law can and should expand people's opportunities for individual and collective self-determination while restricting options of interpersonal domination. This book is for scholars and students across disciplines from philosophy and economics to political science, as well as anyone interested in the cutting edge of private law theory.

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.

Arvustused

'A Liberal Theory of Property is grand theory at its best. Hanoch Dagan has given us a deep theory that grounds property on the core liberal value of autonomy, more specifically, self-determination. Reciprocal self-determination is the foundation for two main pillars of his theory structural pluralism and the right to be included. Dagan uses those two pillars to support a sweeping analysis of many property doctrines, ranging from fair housing laws to the numerus clausus principle. This is an enormously important contribution to property law and to liberal theory generally.' Gregory S. Alexander, A. Robert Noll Professor of Law, Emeritus, Cornell Law School 'In this sophisticated and thought-provoking work, Dagan reimagines property as an instrument for self-authorship and self-determination. His careful and profound autonomy-based account is an essential work of property theory.' Lee Anne Fennell, Max Pam Professor of Law, University of Chicago Law School 'This is an outstanding work of scholarship and research by one of the most prominent academics in the field. It presents a coherent, comprehensive view of property that sheds new light on how we should conceptualise it and view its role in contemporary society. It has greatly influenced my thinking and understanding of the subject.' Colin Mayer, Peter Moores Professor of Management Studies, Said Business School, University of Oxford 'Hanoch Dagan makes a powerful case for a liberal theory. Such a theory can only be a legal theory and must be committed to the telos of the political philosophy of liberalism, namely self-authorship. Critically, individuals write and rewrite their own life in relation with others; property rights are therefore necessarily bounded, contestable and subject to change. This is a masterpiece and an intriguing counter-narrative to new socialism as an alternative to the current economic and legal order.' Katharina Pistor, Professor of Comparative Law at Columbia Law School 'Hanoch Dagan offers a bold and nuanced account of property as an instrument for promoting autonomy in liberal societies. In doing so, he brilliantly challenges the economically oriented theorizing about property that is central to contemporary property scholarship.' Katrina M. Wyman, Sarah Herring Sorin Professor of Law, New York University School of Law 'Mainstream approaches are often deploying sophisticated arguments to only justify ideas we already know, so to legitimize existing legal regimes. At first, Dagan's book seems no exception, there is nothing new in attempting to ground property entitlements on personal autonomy. But the way he does it is path breaking. In Dagan's hands, Property is not a given legal regime, but a set of structurally plural regimes, including the ones we wish to invent. Autonomy does not only focus on owners, but turns also to non-owners as well. It results in a theory of reciprocal justice, for after property has disintegrated. Some will think his conclusions are still too mainstream, but the point is that, thanks to him, the mainstream will have changed.' Mikhail Xifaras, Professor of Public Law, Sciences Po '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.' Dr. Hans-Wolfgang Micklitz, Journal of Consumer Policy

Muu info

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Preface xi
1 Liberal Property
1(12)
From Autonomy to Property
1(3)
Carefully Delineated Private Authority
4(2)
Structural Pluralism
6(1)
Relational Justice
7(2)
Against the Current
9(1)
A Brief Roadmap
10(3)
2 Some Basics
13(28)
Property Theory As Legal Theory
13(3)
Property Theory As Interpretive Theory
16(3)
Property and Property Types
19(4)
Property As a Category of Thinking
23(2)
Property and Contract
25(1)
Resources and Relations
26(5)
Form and Substance
31(4)
Liberal Polity
35(6)
3 Autonomy and Private Authority
41(38)
From Independence to Self-Determination
42(2)
Property and the Promotion of Autonomy
44(2)
Ultimate, Intrinsic, and Instrumental Values
46(4)
Personhood
50(1)
Community
51(4)
Utility
55(3)
Autonomy As Side Constraint
58(2)
The Powers of Property
60(2)
Justifying Property
62(5)
Risking Panglossianism?
67(1)
Inherent Limitations of Property's Power
68(3)
Autonomy and Distribution
71(4)
Challenge of Neutrality
75(4)
4 Property's Structural Pluralism
79(35)
Variety of Property
79(3)
Property Governance
82(2)
Commons Property
84(5)
Multiplicity and Autonomy
89(4)
Nozick's Utopia
93(3)
Law's Role
96(4)
Blackstonian Ownership
100(2)
Developing an Adequate Range of Types
102(4)
Missing Types
106(4)
Numerus Clausus
110(4)
5 Property's Relational Justice
114(34)
Kantian Property
115(3)
Mission Impossible
118(4)
Mission Undesirable
122(4)
Relational Justice
126(2)
Relationally Just Private Authority
128(3)
Public Accommodations
131(4)
Fair Housing
135(4)
Owners' Responsibilities
139(3)
Unjust Property Types
142(6)
6 Making Property Law
148(31)
Property's Core and the Institutional Question
149(2)
Performance
151(4)
Legitimacy
155(3)
Both Legislatures and Courts
158(1)
Property and the Rule of Law
159(2)
Guidance
161(2)
The Birth of Common-Interest Communities
163(2)
Structural Pluralism and Rules
165(1)
Informative Standards
166(2)
Constraint
168(2)
Revisiting Shelley v. Kraemer
170(2)
Liberal Property and the Rule of Law
172(1)
The Human Right to Property
173(3)
The Global Land Rush
176(3)
7 Just Markets
179(31)
What Is a Market?
180(3)
Property and Markets
183(2)
Autonomy-Based Markets?
185(4)
Two Roles
189(4)
Structural Pluralism
193(2)
Relational Justice
195(5)
Changing Plans
200(3)
Incomplete Commodification
203(4)
Markets and Labor
207(3)
8 Property Transitions
210(33)
Property and Time
210(1)
Vulnerability and Stability across Time
210(2)
The Transition Intuition
212(2)
Lucas's Compact
214(3)
Rule of Change
217(3)
Two Unacceptable Pacts
220(3)
Limits to the Libertarian Pact
223(2)
Limits to the Progressive Pact
225(2)
The Liberal Pact
227(4)
Boundaries to the Liberal Pact
231(5)
Reconstructing Takings Law
236(7)
9 Afterword
243(6)
Notes 249(70)
Index 319
Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and Director of the Edmond J. Safra Center for Ethics at Tel Aviv University. Dagan has written seven books across the landscape of core private law topics, including Property: Values and Institutions (2011) and The Choice Theory of Contracts (2017), and has published over eighty articles in major law reviews and journals. He has been a visiting professor at Yale University, Connecticut, Columbia University, New York, the University of Michigan, Cornell University, New York, the University of California, Los Angeles, and the University of Toronto law schools.