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An introduction to property theory by Gregory S. Alexander

By Gregory S. Alexander

This e-book surveys the best glossy theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts during which estate matters were specifically debatable. those comprise redistribution, the suitable to exclude, regulatory takings, eminent area and highbrow estate. The publication highlights the Aristotelian human flourishing thought of estate, delivering the main entire and obtainable advent to that thought thus far. The book's aim is neither to hide each possible thought nor to debate each attainable part of the theories lined. as an alternative, it goals to make the most important estate theories understandable to newcomers, with out sacrificing accuracy or sophistication. The e-book might be of specific curiosity to scholars looking an available creation to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of up to date debates.

• Surveys the entire significant present liberal criminal and political theories of estate in an available and relaxing style
• presents contextual reports of these theories via concrete components of significant estate disputes
• Introduces a normative idea of estate in keeping with the Aristotelian perfect of human flourishing and illustrates how that idea differs from different best estate theories in concrete disputes

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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.

In thinking about Locke’s theory, it is helpful to understand something about the debates in which he likely understood himself to be participating. 2 Commentators differ over where to place Locke on the ideological spectrum of his day. 3 This view of Locke’s politics generally corresponds Cf. Christopher Tomlins, Freedom Bound (2010), 339. See Peter Laslett, introduction to John Locke, Two Treatises of Government, ed. Peter Laslett (1960); Richard Ashcraft, Revolutionary Politics and Locke’s “Two Treatises of Government” (1987).

53 Generally speaking, where it is possible to limit access to an unowned resource, and where tools exist to prevent too much of the sort of opportunistic behavior that can undermine people’s willingness to cooperate, users of common pool resources 50 51 52 53 48 49 See Dahlman, Open Field System and Beyond, 23–4, 101. Gordon, “The Fishery,” 99; see also Dahlman, Open Field System and Beyond, 120. Gordon, “The Fishery,” 97. James M. Acheson, The Lobster Gangs of Maine (1988). , 12–22. See, for example, Robert C.

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