Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Peñalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.

Property and Community

Alexander, Gregory S.

Peñalver, Eduardo M.

Business

Oxford University Press

Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society.
The authors employ wide-ranging examples of the behaviors of “property outlaws”―the trespasser, squatter, pirate, or file-sharer―to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership

Yale University Press

An Introduction to Property Theory (Cambridge Introductions to Philosophy and Law)

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

Cambridge University Press

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

See the best price to sell, buy, or rent books by Peñalver, Eduardo M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Peñalver, Eduardo M.

See the best price to sell, buy, or rent books by Peñalver, Eduardo M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Property and Community

Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership

An Introduction to Property Theory (Cambridge Introductions to Philosophy and Law)

An Introduction to Property Theory (Cambridge Introductions to Philosophy and Law)