An Introduction to Property Theory by Gregory S. Alexander, Eduardo M. Peñalver PDF

By Gregory S. Alexander, Eduardo M. Peñalver

ISBN-10: 1139376268

ISBN-13: 9781139376266

This booklet surveys the prime sleek theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts within which estate concerns were particularly debatable. those comprise redistribution, the appropriate to exclude, regulatory takings, eminent area and highbrow estate. The e-book highlights the Aristotelian human flourishing thought of estate, supplying the main finished and obtainable advent to that concept thus far. The book's aim is neither to hide each achievable concept nor to debate each attainable aspect of the theories coated. as an alternative, it goals to make the key estate theories understandable to novices, with out sacrificing accuracy or sophistication. The e-book may be of specific curiosity to scholars looking an obtainable creation to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of up to date debates.

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Gregory S. Alexander, Eduardo M. Peñalver's An Introduction to Property Theory PDF

This booklet surveys the major smooth 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 in particular debatable. those comprise redistribution, definitely the right to exclude, regulatory takings, eminent area and highbrow estate.

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34 Like Hardin, Demsetz identifies the division of the commons into private property as a key tool for overcoming the inefficiencies generated by pervasive externalities. 35 Private property directly internalizes many of the externalities caused by overuse. Of course, some mismatch between the benefits of individual ownership and the consequences of individual choice will remain. But even as to these surviving externalities, Demsetz argues, private ownership may constitute an improvement. 36 As Demsetz notes, the creation of a system of private ownership is not free.

Posner, “Ethical and Political Basis of the Efficiency Norm,” 506 (noting that the results of utilitarian and economic analysis of law usually coincide). 27 See Posner, “Utilitarianism, Economics, and Legal Theory,” 119. 23 Utilitarian Property Theories 19 the extent that it maximizes net utility or welfare, and that a social choice is good or better when it is more efficient than its alternatives. In this chapter, then, we will treat Law and Economics as a version (or at least a close cousin) of utilitarian theory.

It simply relocates it to the livestock themselves. Who will care for the animals? Who will be entitled to consume them? As we have seen, the problem of the free rider makes these questions as challenging as the classic commons See Elinor Ostrom, Governing the Commons, 91–102. ” Carol M. Rose, “The Story of Lucas: Environmental Land Use Regulation between Developers and the Deep Blue Sea,” in Environmental Law Stories, ed. Richard J. Lazarus and Oliver A. Houck (2005), 236, 278. 54 55 Utilitarian Property Theories 29 tragedy.

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