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The Decline of Property and Trust

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0007
Subject:
Law, Trusts

This chapter charts the decline of property and trust in legal and economic thinking. It explains that the economic analysis of property does not consider property to be a coherent concept. Instead, ... 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


Reconceptualizing Property and Funds in Law and Economics

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0008
Subject:
Law, Trusts

This chapter shows the restoration of property in law and in economics and the development of the fund concept. The key to restoring property as a coherent idea in law is to de-emphasize the right to ... More


The Right to Exclude

John G Sprankling

in The International Law of Property

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199654543
eISBN:
9780191747946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654543.003.0013
Subject:
Law, Public International Law, Private International Law

The right to exclude is another core component of the right to property. As a general rule, municipal law permits each person to exclude state actors and private actors from his or her property. Many ... More


The Right to Exclude

Gregory S. Alexander

in Property and Human Flourishing

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190860745
eISBN:
9780190860776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190860745.003.0006
Subject:
Law, Law of Obligations

The right to exclude others has been a controversial topic in property scholarship in recent years. Legal scholars have debated both the centrality of the right to exclude in the concept of ownership ... More


Origins of the Right to Exclude

Andrew Koppelman and Tobias Barrington Wolff

in A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300121278
eISBN:
9780300155921
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121278.003.0001
Subject:
Law, Legal History

This chapter examines the case law on free association up to the case of Boy Scouts of America v. Dale. The idea of a right to exclude has two sources. One of these, the older of the two, is broadly ... More


Philosophical Justifications of State Power over Immigration

Sarah Song

in Immigration and Democracy

Published in print:
2018
Published Online:
October 2018
ISBN:
9780190909222
eISBN:
9780190909253
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190909222.003.0003
Subject:
Political Science, Political Theory

Chapter 3 turns to political theory to explore the normative foundations of the state’s power over immigration. It examines theories based on (1) the value of cultural and national identity, (2) the ... More


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