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The Idea of Property in Law

James Penner

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198299264
eISBN:
9780191714313
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299264.001.0001
Subject:
Law, Philosophy of Law

This book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the ‘practice’ of property and the ‘practice’ of contract is essential for a proper ... More


Canon Law: A Comparative Study with Anglo-American Legal Theory

John J. Coughlin, O.F.M.

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.001.0001
Subject:
Law, Philosophy of Law

This book explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to ... More


Church property: A Comparison of the Theories of Property in Canon Law and Liberal Theory

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0005
Subject:
Law, Philosophy of Law

This chapter lays the theoretical foundation for a discussion of the ownership of property in the Catholic Church. It presents a comparison of several seminal elements in the understanding of ... More


Church property continued: The Diocese and Parish; Canon Law and State Law

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0006
Subject:
Law, Philosophy of Law

This chapter addresses several specific issues in light of the theories of property discussed in Chapter 4. First, it examines the theological and canonical relationship between the diocese and the ... More


Justice, Ownership, and Law

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0003
Subject:
Law, Philosophy of Law

This chapter elaborates on the Roman law definition of justice given in Justinian's Corpus Iuris Civilis — the giving to each what is due. The question of justice is always of the form: What belongs ... More


Justice and the Trading Order

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592685
eISBN:
9780191595653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592685.003.0005
Subject:
Law, Philosophy of Law

Reciprocal justice — justice in exchange — is the justice proper to the trading order in which people make their livelihoods in a market society. This chapter concentrates on the analysis of that ... More


The Wrongness of Rape

John Gardner

in Offences and Defences: Selected Essays in the Philosophy of Criminal Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199239351
eISBN:
9780191716959
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239351.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter considers why rape is a moral and legal wrong. It confronts and rejects the suggestion that rape is wrong because of the bad experience of being raped. It also confronts and rejects the ... More


On The Right to Private Property and Entitlement to One's Income

Andrei Marmor

in Law in the Age of Pluralism

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195338478
eISBN:
9780199855360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338478.003.0011
Subject:
Law, Philosophy of Law

This chapter explores the question of whether people should have a right to their pretax income. It argues that the main insight of Liam Murphy and Thomas Nagel's book, The Myth of Ownership, that ... More


Legal Relations and Things: Property

Neil MacCormick

in Institutions of Law: An Essay in Legal Theory

Published in print:
2007
Published Online:
January 2009
ISBN:
9780198267911
eISBN:
9780191714832
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267911.003.0009
Subject:
Law, Philosophy of Law

This chapter focuses on a different type of complex right, that involved in the ownership of property, and in other related forms of proprietary right, or ‘real right’. It addresses the following ... More


Building upon the Minimal Structure

J. W. HARRIS

in Property and Justice

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199251407
eISBN:
9780191681998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251407.003.0004
Subject:
Law, Philosophy of Law

This chapter examines modern property institutions, considering common law systems in general and English law in particular, as examples. It suggests that the basic features of the property ... More


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