Description
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.
Chapter
Gathering Data on Utility
UTILITARIANISM WITHIN PROPERTY THEORY
The Tragedy of the Commons: Rational Actors, Externalities, and Transaction Costs
Exploring the Assumptions behind the Tragedy of the Commons
The Content of Utilitarian Property: The Bundle of Sticks versus Exclusion
Problems with Utilitarian Approaches to Property
CONCLUSION: THE VALUE OF UTILITARIAN ANALYSIS, BUT THE NEED FOR MORE
2: Locke and Libertarian Theories of Property
LOCKE’S NATURAL LAW FRAMEWORK
LOCKE’S ARGUMENT FOR PRIVATE PROPERTY
Stage One: State of Nature
Stage Two: The Introduction of Money
Stage Three: Civil Society
SOME COMPLICATIONS FOR LOCKE’S THEORY
THE LOCKEAN TRADITION SINCE LOCKE
3: Hegelian Property Theory
HEGEL’S PERSONALITY THEORY OF PROPERTY
Rejection of the Social Contract
Hegel’s Concept of “Right”
Externalizing Personality through Property
Three Modes of Embodying the Will
The Modern Significance of Hegel’s Theory of Property
THE MODERN PERSONHOOD THEORY OF PROPERTY
CRITIQUING THE PERSONALITY AND PERSONHOOD THEORIES
4: Kantian Property Theory
THE UNIVERSAL PRINCIPLE OF RIGHT
THE INNATE RIGHT – FREEDOM
ACQUISITION OF PROPERTY RIGHTS
5: Property and Human Flourishing
A MODERN HUMAN FLOURISHING-BASED THEORY OF PROPERTY
The Capabilities Approach
Capabilities and Dependence
Dependence and Obligation
PLURALISM AND INDETERMINACY
6: Government Redistribution of Resources
UTILITARIANISM AND REDISTRIBUTION
Institutions and Information
Responding to Market Failure
LIBERTARIANS AND REDISTRIBUTION
Robert Nozick’s Libertarian Argument against Redistribution
Redistribution within (Broadly) Libertarian Assumptions
THE PERSONALITY/PERSONHOOD THEORIES AND REDISTRIBUTION
REDISTRIBUTION AND FLOURISHING
7: The Right to Exclude and Its Limits
The Right to Exclude and the Private Home
The Right to Exclude and Businesses Open to the Public
THE RIGHT TO EXCLUDE IN UTILITARIAN PERSPECTIVE
THE RIGHT TO EXCLUDE IN HEGELIAN PERSPECTIVE
THE RIGHT TO EXCLUDE IN LOCKEAN AND LIBERTARIAN PERSPECTIVE
THE RIGHT TO EXCLUDE AND HUMAN FLOURISHING
8: Eminent Domain and Regulatory Takings
Utilitarian Theory and Government Takings
Utilitarian Theory and Regulatory Takings
LIBERTARIANISM AND GOVERNMENT TAKINGS
THE PERSONALITY AND PERSONHOOD THEORIES
ARISTOTELIAN PROPERTY THEORY AND GOVERNMENT TAKINGS
ENCOURAGING INVENTION: UTILITARIAN THEORIES OF INTELLECTUAL PROPERTY
Requirements for Protection
Qualifying the Utilitarian Case for Intellectual Property
LOCKEAN AND NATURAL RIGHTS THEORIES OF INTELLECTUAL PROPERTY
Limitations on Intellectual Property Rights
The Duty of Charity in Lockean Intellectual Property
HEGELIAN/PERSONHOOD INTELLECTUAL PROPERTY THEORY
Intellectual Property and Personhood
Limits on Hegelian Intellectual Property
INTELLECTUAL PROPERTY IN ARISTOTELIAN PROPERTY THEORY
The Importance of Things in Property
PLURAL VALUES AND THE VALUE OF PLURALISM
IN PROPERTY THEORY
An Introduction to Property Theory
( Cambridge Introductions to Philosophy and Law )
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