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

Name: Property Rights: A Re-Examination (Oxford Legal Philosophy)
Brand: Oxford University Press

Law

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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.

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

Product type: ABIS_BOOK

Brand: Oxford University Press

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Brand: Oxford University Press
Format: hardcover
ASIN: 0198830122
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 11 March 2020
Listed Since: 29 January 2020

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

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