By Gregory S. Alexander, Eduardo M. Peñalver

ISBN-10: 1139376268

ISBN-13: 9781139376266

This booklet surveys the major glossy theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts within which estate matters were particularly debatable. those contain redistribution, the suitable to exclude, regulatory takings, eminent area and highbrow estate. The ebook highlights the Aristotelian human flourishing conception of estate, delivering the main entire and obtainable advent to that idea to this point. The book's objective is neither to hide each achieveable thought nor to debate each attainable part of the theories coated. as an alternative, it goals to make the foremost estate theories understandable to newbies, with no sacrificing accuracy or sophistication. The booklet can be of specific curiosity to scholars looking an available advent to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of latest debates.

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5, § 6. 24 For all of these theorists, however, discussions of property as instrumentally valuable are embedded within broader moral frameworks that are not themselves strictly utilitarian. Thoroughgoing and systematic utilitarian analyses of property are largely a product of the twentieth-century movement known as Law and Economics. The ­relationship between Law and Economics and utilitarianism is not completely uncontroversial. , preference satisfaction). And it attempts to assess social choices in terms of consequences of those choices on some aggregative measure of that single value.

68 34 An Introduction to Property Theory ways to put the valuable insights of utilitarianism to use while restricting the reach of those insights to their proper scope. Meeting this challenge suggests the need to resort to a broader moral framework. As we will argue in Chapter 5, a theory of owner obligation rooted in the Aristotelian tradition provides one such inclusive vision. 1 Among contemporary theorists, however, Locke’s influence is felt most directly among property rights libertarians.

As part of this argument, Filmer asserted that it was impossible to justify a system of private property on the foundation of the more egalitarian assumption that God had given the world, not just to Adam individually, but to the entire human race in common. Locke’s argument in the fifth chapter of the second treatise constitutes, among other things, his attempt to refute Filmer’s antiegalitarian claims. Although Locke’s theory of property plays an important role in the overall flow of his argument in the second treatise, he did not write the treatises as a defense of private ownership.

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An Introduction to Property Theory by Gregory S. Alexander, Eduardo M. Peñalver


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