Synopses & Reviews
Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues.
Review
"...the essays in this book are well written and provide the reader with an analysis of some of the foundational questions concerning property rights that need to be asked and answered. The approaches taken to address these questions range from philosophy, economics, law, and political theory. A careful reading of these essays will be well worth the effort." Canadian Philosophical Reviews"There is a wealth of insight here, providing much food for thought and creative development in the area of property rights theorizing. . . . This book belongs on the shelf of anyone who is serious and disciplined about the study of property rights." --The Freeman
Synopsis
The essays in this volume examine the nature and limits of property rights from a variety of perspectives.
Synopsis
Any comprehensive discussion of property draws on a range of disciplines--philosophy, politics, economics, and legal theory--and addresses a number of fundamental questions: What is the nature of ownership, and should the rights that attend it be limited? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency or distributive justice?
Table of Contents
1. A positive account of property rights David Friedman; 2. On the optimal mix of private and common property Richard A. Epstein; 3. The institution of property David Schmidtz; 4. Original acquisition justifications of private property A. John Simmons; 5. The advantages and difficulties of the human theory of property Jeremy Waldron; 6. Corrective justice and property rights Jules L. Coleman; 7. Proving ownership Gary Lawson; 8. Aboriginal property and western theory: recovering a middle ground James Tully; 9. Property rights, innovation, and constitutional structureJonathan R. Macey; 10. Property, rights, and freedom Gerald F. Gaus; 11. Self-ownership, autonomy, and property rights Alan Ryan; 12. An uneasy case against property rights in body parts Stephen R. Munzer.