Property Rights

Philosophic Foundations
Author: Lawrence C. Becker
Publisher: Routledge
ISBN: 9780710086792
Category: Right of property
Page: 135
View: 1734

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Philosophical Foundations of Property Law


Author: James Penner,Henry Smith
Publisher: Oxford University Press
ISBN: 0199673586
Category: Law
Page: 369
View: 4263

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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

The Philosophical Foundations of Environmental Law

Property, Rights and Nature
Author: Sean Coyle,Karen Morrow
Publisher: Hart Publishing
ISBN: 1841133590
Category: Law
Page: 228
View: 6700

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Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.

Philosophical Foundations of Human Rights


Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo
Publisher: Oxford University Press
ISBN: 019968863X
Category: Law
Page: 650
View: 7907

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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Philosophical Foundations of Tax Law


Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Category:
Page: 320
View: 9440

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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

Philosophical Foundations of the Law of Torts


Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0198701381
Category: Law
Page: 447
View: 7925

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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Philosophical Foundations of Language in the Law


Author: Andrei Marmor,Scott Soames
Publisher: Oxford University Press
ISBN: 0199572380
Category: Law
Page: 272
View: 1783

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This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.

Philosophical Foundations of the Nature of Law


Author: Wilfrid J. Waluchow,Stefan Sciaraffa
Publisher: Oxford University Press
ISBN: 0199675511
Category: Law
Page: 361
View: 8932

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Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

Property Theory

Legal and Political Perspectives
Author: James Penner,Michael Otsuka
Publisher: Cambridge University Press
ISBN: 110842242X
Category: Law
Page: 250
View: 3397

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The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.

Property Rights in Blood, Genes and Data

Naturally Yours?
Author: Jasper A. Bovenberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150536
Category: Law
Page: 213
View: 8446

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Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, "Jasper Bovenberg" provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia.

Philosophical Foundations of Discrimination Law


Author: Deborah Hellman,Sophia Moreau,Sophia Reibetanz Moreau
Publisher: Oxford University Press
ISBN: 0199664315
Category: Law
Page: 283
View: 7805

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Until recently, most legal scholarship on the philisophical foundations of discrimination law has focused on the logic and rationale underlying laws prohibiting various forms of discrimination including race, sex and disability discrimination. Philosophical inquiry relative to discrimination, by contrast, has approached these issues by asking what justice or fairness requires in the distribution of society's opportunities andresources.Contributors to this volume explore the following questions. Is discrimination a wrong akin to a tort, or should we instead see laws forbidding discrimination as grounded in a view about what socialarrangements will produce the best outcomes for society as a whole? If it is a wrong, is it best thought of as an interference with liberty or as a violation of equality. Are these fruitful questions to ask, or is it impossible to offer a coherent theory of discrimination law? Finally, how do these inquiries help us to understand the moral issues raised by several timely issues in discrimination law

Foundations of Natural Right


Author: Johann Gottlieb Fichte,Frederick Neuhouser,Michael Baur
Publisher: Cambridge University Press
ISBN: 9780521575911
Category: Philosophy
Page: 338
View: 4797

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A complete translation into English of Fichte's most important work of political philosophy.

Philosophical Foundations of Contract Law


Author: Gregory Klass,George Letsas,Prince Saprai
Publisher: Oxford University Press, USA
ISBN: 0198713010
Category: Law
Page: 391
View: 6320

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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Punishment, Property and Justice

Philosophical Foundations of the Death Penalty and Welfare Controversies
Author: Corey Lang Brettschneider
Publisher: Ashgate Pub Limited
ISBN: 9780754620648
Category: Law
Page: 156
View: 493

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12. Furman vs. Georgia

Philosophical Foundations of European Union Law


Author: Julie Dickson,Pavlos Eleftheriadis
Publisher: Oxford University Press
ISBN: 0199588775
Category: Law
Page: 457
View: 2377

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This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.

Philosophy, Law and the Family

A New Introduction to the Philosophy of Law
Author: Laurence Houlgate
Publisher: Springer
ISBN: 3319511211
Category: Philosophy
Page: 285
View: 3191

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This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

Justifying Intellectual Property


Author: Robert P. Merges
Publisher: Harvard University Press
ISBN: 0674049489
Category: Law
Page: 405
View: 6284

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In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

Philosophical Foundations of Tort Law


Author: David G. Owen
Publisher: Oxford University Press on Demand
ISBN: 019825847X
Category: Law
Page: 510
View: 1087

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This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.