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Property Law and Social Morality

Property Law and Social Morality

作者： Peter M. Gerhart
出版商： Cambridge University Press
ISBN: 9781316621134
出版时间 August 2016
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107006454

￥377.88

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Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other.

By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist).

By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time.

The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.
Part I. A Unified Theory:
1. Property's values
2. An overview of the theory
3. Owner as decision maker
4. Ownership and social recognition
5. Other-regarding decision making
6. Assigning burdens and benefits

Part II. Applications:
7. Exclusion
8. Nuisance: spatial coordination
9. Concurrent decision makers
10. Temporal coordination

Part III. Legislative Regulation and Social Morality:
11. A theory of legislative regulation
12. The takings power
13. Legislative regulation and due process
14. The promise of unity.

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