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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


Introduction

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/9780199251407.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a brief discussion of the purpose of the study, which is to enquire into those reasons which, allegedly, justify property institutions and in their light to ... More


Private and Non-private Property

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/9780199251407.003.0007
Subject:
Law, Philosophy of Law

Critics have seldom attempted any analysis of modern property institutions which exhibits that which unites, and that which divides, differing conceptions of property — in particular, what precisely ... More


The Instrumental Values of Property

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/9780199251407.003.0015
Subject:
Law, Philosophy of Law

This chapter considers the ways putative instrumental values of property institutions may be factored in, to yield a clearer idea of the kind of institution people have a right to have in place. ... More


Property and Justice

J. W. Harris

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199251407
eISBN:
9780191681998
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199251407.001.0001
Subject:
Law, Philosophy of Law

When philosophers put forward claims for or against ‘property’, it is often unclear whether they are talking about the same thing that lawyers mean by ‘property’. Likewise, when lawyers appeal to ... More


Exclusion and Inclusion in Property

Hanoch Dagan

in Property: Values and Institutions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the substance of property. Section I presents some recent provocative accounts of the right to exclude as the core of property. Section II offers a conceptual critique of this ... More


The Agenda

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/9780199251407.003.0010
Subject:
Law, Philosophy of Law

This chapter examines the justifiability of property institutions, both in the abstract and in concrete situations. It considers a four-fold typology of property-specific justice reasons. It ... More


Property is Just, to a Degree, Sometimes

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/9780199251407.003.0018
Subject:
Law, Philosophy of Law

This chapter argues that a judgement about the relative justice or injustice of a particular property institution, taken as a whole, must be addressed to the total package of privileges, powers, ... More


Introduction

Ting Xu and Alison Clarke

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0001
Subject:
Law, Environmental and Energy Law

This Introduction is divided into three sections. The first section sets out the context, significance and themes of this volume. The second section reviews the spread and potential reach of communal ... More


Ownership as an Organizing Idea

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/9780199251407.003.0005
Subject:
Law, Philosophy of Law

This chapter shows how ownership fits into the working of property institutions. Lawyers share the background assumptions about ownership interests which are prevalent in their societies and they ... More


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