This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
"What is property, and why does our species happen to have it? In The Property Species, Bart Wilson explores how Homo sapiens acquires, perceives, and knows the custom of property, and why it might be relevant for understanding how property works in the twenty-first century. Arguing from some hard-to-dispute facts that neither the natural sciences nor the humanities - nor the social sciences squarely in the middle - are synthesizing a full account of property, Wilson offers a cross-disciplinary compromise that is sure to be controversial: All human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the origins of property lie not in food, mates, territory, or land, but in the very human act of creating, with symbolic thought, something new that did not previously exist. Integrating cognitive linguistics with the philosophy of property and a fresh look at property disputes in the common law, Wilson makes the case that symbolic-thinking humans locate the meaning of property within a thing. The provocative implications are that property - not property rights - is an inherent fundamental principle of economics, and that legal realists and the bundle of sticks metaphor are wrong about the facts regarding property. Written by an economist who marvels at the natural history of humankind, the book is essential reading for experts and any reader who has wondered why people claim things as "Mine!", and what that means for our humanity. "--
Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.
Property rights form the relationship between individuals and their goods. They are the cornerstone of the pricing, supply and fair allocation of scarce resources between people. This is a collection of writings from the founders of the field, including James M. Buchanan and Douglass C. North.
This is the ideal text for undergraduate students taking courses in land and property law. It provides full, detailed and up-to-date coverage of all core topics in this area, promoting a sophisticated and confident grasp of the subject.
Equally useful with any casebook, this exceptional paperback text: - clearly explains property rules and doctrine through a textual treatment, describing the complicated and antiquated property laws in a lively, contemporary manner and including numerous examples - emphasizes disagreements among states about the applicable rules of property law, with explanations of why states adopt different rules - clarifies the norms and policy bases of property law through a balanced account of the various theoretical approaches to property, enabling students to understand the reasoning behind the law - teaches students to spot issues by explaining how courts interpret ambiguous elements in rules and identifying situations likely to give rise to exceptions - prepares students for class and for exams by modeling correct answers to hard cases in which the law is unclear. - draws on the expertise of Joseph Singer, a leading property scholar who has authored a very popular property casebook The Second Edition introduces new material: - the text is redesigned for easier access, with special features highlighted - new Supreme Court cases on regulatory takings law - new court interpretations of the Fair Housing Act and the Americans with Disabilities Act - new state statutes - footnotes, cases, and statutes updated with citations to recent cases - updated problems reflect recent court decisions
Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix.
Political Science by Lindsey Te Ata o Tu MacDonald
This mongraph reasserts the primacy of property in political theorising. Arguing that the determination of property rights is part of the justification of the state, MacDonald notes the failure of much current philosophising to take account of this role when setting out the normative arguments for legitimate political authority. MacDonald criticises current philosophical definitions of property as a bundle-of-rights, arguing that for normative purposes, property is a right of exclusion in rem. Thereby MacDonald escapes the interminable moral and legal arguments over property - such as questions of Lockean labour theory, self-ownership, and indigenous historical injustice - that have dominated recent political philosophy. Instead, the book focuses on the failure of libertarian and liberal egalitarian theories of justice to produce a plausible account of both legitimate political authority's right to regulate property, and the principles upon which that regulation ought to occur. The book will be of interest to scholars of political philosophy and theory, especially those engaged in the contemporary ideas of justice, legitimacy and the justification of the state.
This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.