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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


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 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


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


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


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


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