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Different Views of the Cathedral: The Literature on Property Law Theory

Jonnette Watson Hamilton and Nigel Bankes

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0002
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter reviews property law theory and its literature that aims to show how developments in general property theory may be relevant for energy and natural resources. It focuses on liberal ... More


Property and property rights

Zohar Efroni

in Access-Right: The Future of Digital Copyright Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199734078
eISBN:
9780199866137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199734078.003.0002
Subject:
Law, Public International Law

This chapter clarifies a concept of right that is not biased by moral, political, or normative judgments. It uses an objective technique to identify rights in the positive law. To this specific end, ... More


Forests, Minerals, and the Controversy over Property in Post-Emancipation Russia

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0003
Subject:
History, Russian and Former Soviet Union History

The idea of private property, borrowed by Catherine the Great from Europe, was transplanted into an economic order based on serfdom and hierarchical patrimonial relations. Peasants were seen as being ... More


Stoic Philosophers on Persons, Property‐Ownership, and Community

A. A. Long

in From Epicurus to Epictetus: Studies in Hellenistic and Roman Philosophy

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199279128
eISBN:
9780191706769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199279128.003.0016
Subject:
Philosophy, Ancient Philosophy

This chapter suggests a further tie between Stoicism and later conceptions of the person as a moral, psychological, and legal entity. That tie has to do not only with consciousness or ... More


The Meanings of Property

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0002
Subject:
History, Russian and Former Soviet Union History

This chapter traces the history of property relations in Russia. It examines how Russian rulers came to respect private property as a bulwark of autocracy and what this respect meant for property in ... More


Nationalizing Rivers, Expropriating Lands

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0004
Subject:
History, Russian and Former Soviet Union History

The previous discussion on forests and minerals showed that Russian professional and industrial elites were quite unhappy with the state's passivity and its reluctance to take on the management of ... More


The Right to Private Property

Jeremy Waldron

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.001.0001
Subject:
Philosophy, Political Philosophy

Can the right to private property be claimed as one of the ‘rights of mankind’? This is the central question of this examination of the subject of private property. This book contrasts two types of ... More


Fighting Crime Without Punishment

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0011
Subject:
Political Science, Political Theory

In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter ... More


Wealth

Michael Foley

in American Credo: The Place of Ideas in US Politics

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199232673
eISBN:
9780191716362
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232673.003.0004
Subject:
Political Science, American Politics

This chapter discusses wealth and property rights in American society. It argues that material wealth has not only been integrally linked to the founding ideals and narrative themes of the country, ... More


What is Private Property?

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0002
Subject:
Philosophy, Political Philosophy

This chapter argues that private property is a concept of which many different conceptions are possible, and that in each society the detailed incidents of ownership amount to a particular concrete ... More


Locke’s Discussion of Property

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0006
Subject:
Philosophy, Political Philosophy

This chapter discusses in some detail the theory of property presented in John Locke's Two Treatises of Government. It argues that Locke's account, though it has some utilitarian and GR-based strands ... 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


General-Right-Based Arguments for Private Property

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0008
Subject:
Philosophy, Political Philosophy

This chapter discusses how a general background argument for private property can do justificatory work that a purely SR-based argument cannot do. A general argument for private property is not beset ... More


Hegel’s Discussion of Property

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0010
Subject:
Philosophy, Political Philosophy

Hegel's account of property in the Philosophy of Right provides the best example of a sustained argument in favour of private ownership which is GR-based, in the sense given to that term. This ... More


Property for All

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0012
Subject:
Philosophy, Political Philosophy

Could private property be the subject of a general right? Is it something we could plausibly provide for everyone in the way we try to provide political rights, civil liberty, health, education and ... More


Writers and the Audience: Legal Provisions and Public Discourse

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0007
Subject:
History, Russian and Former Soviet Union History

This chapter examines the development of copyright in Russia, focusing on one aspect of the debates—the balance of the private interests of the author (as a producer of material and immaterial ... More


The Incentive Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0008
Subject:
Political Science, Political Theory

The incentive problem concerns ensuring that persons have an adequate incentive to make choices reflecting the knowledge to which they have access and to discover new information. This problem is ... More


Property, Noise, and Honour: Neighbourhood Justice in East Berlin

Paul Betts

in Within Walls: Private Life in the German Democratic Republic

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199208845
eISBN:
9780191594755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199208845.003.0006
Subject:
History, Social History, Economic History

Civil rights in the GDR are often dismissed as a contradiction in terms. And yet, citizen rights and ‘socialist justice’ were contentious topics in the GDR from the very beginning, and were perennial ... More


Introduction

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0001
Subject:
Philosophy, Political Philosophy

This introductory chapter sets out the purpose of the book, which is to address the issue of the justification of private property. It asks whether individuals have a right to private property, or ... More


Hegel's Justification of Private Property

Alan Patten

in Hegel's Idea of Freedom

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199251568
eISBN:
9780191598180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251568.003.0005
Subject:
Philosophy, History of Philosophy

Hegel subscribes to the view that the justification of private property is in some way grounded in the value of individual freedom. The chapter reconstructs Hegel's understanding of, and reasons for ... More


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