Skip to main content Accessibility help
×
  1. Home
  2. Browse subjects
  3. Law
  4. Property Law
  5. Content listing

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

961 results in Property Law

Page 29 of 49

  • 4 - Using Things, Defining Property

  • Edited by James Penner, National University of Singapore, Michael Otsuka, London School of Economics and Political Science
  • Book:
    Property Theory
    Published online:
    10 August 2018
    Print publication:
    30 August 2018, pp 69-98

  • Summary

    Accounts of property tend to define it as a right to exclude and treat use-privileges as incidental by-products of that right. In contrast, this paper treats recognition of use-privileges as prior and then asks what sorts of rights might be justified in their support. I defend this approach against arguments made by Douglas & Ben McFarlane. As the concept of “use” depends upon that of “thing,” I also attempt to shore up the reliance on “things” as central to the concept of property, arguing for a concept of “thing” that encompasses any discrete and intelligible nexus of human activity with respect to which human purposes may come into conflict; this renders intellectual property rights straightforwardly intelligible as usufructary interests in things. I also respond to Essert’s argument that property should jettison any reliance on things and simply view property rights as aimed at excluding others from classes of activity. Here my contention is that the identification of some discrete “thing” as an object of property provides a necessary focal point for the concepts of use and interest that are both functionally and normatively essential to property as a human institution.

  • 5 - Is Original Acquisition Problematic?

  • Edited by James Penner, National University of Singapore, Michael Otsuka, London School of Economics and Political Science
  • Book:
    Property Theory
    Published online:
    10 August 2018
    Print publication:
    30 August 2018, pp 99-120

  • Summary

    In this chapter I suggest a straightforward justification for the original acquisition of property, based on a principle of respect for choice, and I ask why theorists of property in the broadly liberal tradition do not endorse this justification. I identify two main theoretical obstacles to the choice-based account. I proceed to show how theorists could avoid each of those obstacles by modifying their understanding of the nature of acts of acquisition and of extant property rights.

  • 8 - Lockean Property Theory in Confucian Thought: Property in the Thought of Wang Fuzhi (1619–1692) and Huang Zongxi (1610–1695)

  • Edited by James Penner, National University of Singapore, Michael Otsuka, London School of Economics and Political Science
  • Book:
    Property Theory
    Published online:
    10 August 2018
    Print publication:
    30 August 2018, pp 161-186

  • Summary

    Contrary to portrayals of traditional Confucian thought as downplaying or opposing property, this chapter argues that two significant thinkers in the Chinese Confucian tradition – Huang Zongxi (1619-1692) and Wang Fuzhi (1610-1695) – radically challenged traditional views about the origins of property ownership in traditional China, denying that the emperor automatically owned all the empire’s land. Both thinkers also assigned property and property rights a significant role in their political theories, arguing that property could help limit despotic rule. This chapter discusses and compares Huang’s and Wang’s theories of property, and it argues that Wang’s theory of property can be described as Lockean in nature in that both Wang’s and Locke’s theory of property are built on a natural law foundation and both stress the importance of labor in the legitimate acquisition of property. This chapter also shows that Wang’s theory of property is more complete than Huang’s in that it explicitly addresses questions concerning the origins of property and the justification of property rights, whereas Huang’s theory only explicitly covers the latter. More broadly, this chapter is a work in comparative property theory, showing that Lockean property principles and ideas are not unique to the Western tradition.

Property Theory
  • Legal and Political Perspectives
  • Edited by James Penner, Michael Otsuka
  • Published online:
    10 August 2018
    Print publication:
    30 August 2018
  • Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

Moffat's Trusts Law
  • Text and Materials
  • 6th edition
  • Jonathan Garton, Graham Moffat, Gerry Bean, Rebecca Probert
  • Published online:
    09 August 2018
    Print publication:
    13 August 2015
  • This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.

The Boundaries of Australian Property Law
  • Hossein Esmaeili, Brendan Grigg
  • Published online:
    21 June 2018
    Print publication:
    05 July 2016
  • The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

Rural Land Takings Law in Modern China
  • Origin and Evolution
  • Chun Peng
  • Published online:
    19 April 2018
    Print publication:
    19 April 2018
  • One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.

Page 29 of 49