By Gregory S. Alexander
This ebook surveys the top smooth theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts within which estate matters were particularly debatable. those contain redistribution, the appropriate to exclude, regulatory takings, eminent area and highbrow estate. The ebook highlights the Aristotelian human flourishing thought of estate, offering the main finished and available creation to that thought up to now. The book's objective is neither to hide each attainable conception nor to debate each attainable aspect of the theories lined. in its place, it goals to make the foremost estate theories understandable to newbies, with no sacrificing accuracy or sophistication. The booklet should be of specific curiosity to scholars looking an available advent to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of up to date debates.
• Surveys all the significant present liberal criminal and political theories of estate in an obtainable and relaxing style
• offers contextual reports of these theories via concrete parts of significant estate disputes
• Introduces a normative conception of estate in accordance with the Aristotelian excellent of human flourishing and illustrates how that concept differs from different best estate theories in concrete disputes
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Additional resources for An introduction to property theory
Locke’s Context Locke’s theory of property is laid out in his Two Treatises of Government, with the bulk of the relatively brief discussion appearing in the fifth chapter of the second treatise. ) In thinking about Locke’s theory, it is helpful to understand something about the debates in which he likely understood himself to be participating. 2 Commentators differ over where to place Locke on the ideological spectrum of his day. 3 This view of Locke’s politics generally corresponds Cf. Christopher Tomlins, Freedom Bound (2010), 339.
Generally speaking, these entitlements should remain in the hands of the person to whom they are allocated unless that person consents to transfer them to someone else. ” Property rule protection should be the norm where there is a great deal of confidence as to who values the entitlement most highly or where the market is likely to do a good job of facilitating the transfer of the entitlement to that person. ”62 Sometimes there is reason to think that the market will not do a particularly good job of reassigning the entitlement efficiently, such as when transaction costs remain high, even after a system of private property has been established.
See Smart and Williams, Utilitarianism: For and Against, 114–17; see also Daniel Markovits, “Legal Ethics from the Lawyer’s Point of View,” Yale J. L. & Human. 15 (2003): 209, 228–33. 69 See, for example, Kaplow and Shavell, Fairness versus Welfare, 3–4 (arguing that welfare is the only value that ought to matter in public decision making). 68 34 An Introduction to Property Theory ways to put the valuable insights of utilitarianism to use while restricting the reach of those insights to their proper scope.