Property Rights

Philosophic Foundations
Author: Lawrence C. Becker
Publisher: Routledge
ISBN: 9780710086792
Category: Right of property
Page: 135
View: 7391

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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: 4202

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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 Property Law


Author: James Penner,Henry Smith
Publisher: Oxford University Press
ISBN: 0199673586
Category: Law
Page: 369
View: 564

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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.

Property Rights (Routledge Revivals)

Philosophic Foundations
Author: Lawrence C. Becker
Publisher: Routledge
ISBN: 1317703308
Category: Philosophy
Page: 136
View: 2079

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Property Rights: Philosophic Foundations, first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory.

Philosophical Foundations of Human Rights


Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo
Publisher: Oxford University Press
ISBN: 019968863X
Category: Law
Page: 650
View: 2911

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

Intellectual Property and Information Control

Philosophic Foundations and Contemporary Issues
Author: Adam Moore
Publisher: Routledge
ISBN: 1351512137
Category: Law
Page: 252
View: 7930

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Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, Intellectual Property and Information Control provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property.As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.

Philosophical Foundations of Tax Law


Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Category:
Page: 320
View: 392

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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: 9126

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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: 4360

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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: 9877

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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.

Philosophical Foundations of Contract Law


Author: Gregory Klass,George Letsas,Prince Saprai
Publisher: OUP Oxford
ISBN: 019102208X
Category: Law
Page: 500
View: 6193

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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

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: 4215

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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.

Philosophical Foundations of Tort Law


Author: David G. Owen
Publisher: Oxford University Press on Demand
ISBN: 019825847X
Category: Law
Page: 510
View: 4819

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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.

The Foundations of Unjust Enrichment

Six Centennial Lectures
Author: Peter Birks
Publisher: Victoria University Press
ISBN: 9780864734303
Category: Social Science
Page: 146
View: 4241

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Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.

Philosophical Foundations of Discrimination Law


Author: Deborah Hellman,Sophia Moreau,Sophia Reibetanz Moreau
Publisher: Oxford University Press
ISBN: 0199664315
Category: Law
Page: 283
View: 694

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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

Research Handbook on Human Rights and Intellectual Property


Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 1783472421
Category: Law
Page: 752
View: 3908

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Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

Philosophical Foundations of European Union Law


Author: Julie Dickson,Pavlos Eleftheriadis
Publisher: Oxford University Press
ISBN: 0199588775
Category: Law
Page: 457
View: 5472

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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.

Philosophical Foundations of Fiduciary Law


Author: Andrew S. Gold,Paul B. Miller,Paul B. Miller (Law teacher)
Publisher: Oxford University Press, USA
ISBN: 0198701721
Category: Law
Page: 436
View: 3433

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Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

A Philosophy of Intellectual Property


Author: Peter Drahos
Publisher: Routledge
ISBN: 1351962086
Category: Law
Page: 272
View: 9884

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Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.