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A Theory of Property : Cambridge Studies in Philosophy & Law - Stephen R. Munzer

A Theory of Property

Cambridge Studies in Philosophy & Law

Paperback Published: 27th August 1990
ISBN: 9780521378864
Number Of Pages: 504

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This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.

Industry Reviews

'Stephen Munzer has achieved something I had thought impossible, an encyclopedia treatment of the theory of property rights that does justice to almost all the conceptual, legal, political, and social issues at stake ... A Theory of Property will be of the greatest interest and value to philosophers, lawyers, political theorists, and economists alike ... It is an object lesson in how to practise intellectual and ethical pluralism without the least sacrifice of rigour and lucidity'. Professor Alan Ryan Princeton University 'Steeped in the traditions of both Anglo-American and Continental philosophy and armed with the knowledge of property law expert, Munzer moves easily between discussions of thinkers such as Rawls, Marx, and Hegel and concrete discussions of property law roaming over everything from gifts to zoning; all this, with a passion for clarity and a compelling commitment to the view that an engaging and fruitful philosophical dialogue about property must be responsive to its psychological, cultural, and normative dimensions.' Steven Shiffrin, Cornell University

Preface and acknowledgmentsp. ix
Property, justification, and evaluationp. 1
Problems of justification and evaluationp. 1
A solutionp. 3
Foundationsp. 9
Property rights and personal rights
Understanding propertyp. 15
Popular and sophisticated conceptions of propertyp. 15
Hohfeld's vocabulary and its limitationsp. 17
The idea of propertyp. 22
Expectationsp. 28
A misguided enterprise?p. 31
Persons and their bodiesp. 37
Body rightsp. 37
Body rights as limited property rightsp. 41
Personal rights and property rightsp. 44
From self-ownership to world-ownership?p. 56
From individuals to social context
Incorporation and projectionp. 61
Nature of the inquiryp. 61
Extension by incorporationp. 63
Embodiment by projectionp. 67
Two transcendental featuresp. 71
Intention and conventionp. 75
Agency, stability, and expectationsp. 79
Property and personalityp. 81
Control, privacy, and individualityp. 88
Private property and excludabilityp. 88
Control, privacy, and individualityp. 90
Problems of distributionp. 98
Charity and welfarep. 110
An impasse?p. 117
Property and moral characterp. 120
Four claimsp. 120
Virtues, vices, and moral characterp. 121
From moral to political theoryp. 125
Republicanism, virtue, and commercial societyp. 138
Moral character and economic systemsp. 142
Property and moral idealsp. 145
Alienation, exploitation, and powerp. 148
The programp. 148
Property as an attribute of societies and personsp. 149
Marx on alienationp. 157
Alienation and exploitationp. 169
Problems of productionp. 174
Property and powerp. 178
Social life, economic options, and theoryp. 181
Justification and distributive equity
Utility and efficiencyp. 191
Distributive equityp. 191
The utilitarian traditionp. 193
A principle of utilityp. 196
Efficiencyp. 198
A combined principle of utility and efficiencyp. 202
Utility, efficiency, and propertyp. 206
Preferences and expectationsp. 221
Can utility and efficiency account for rights of private property?p. 224
Justice and equalityp. 227
The principlep. 227
Strict equalityp. 230
A Rawlsian conception of equal propertyp. 233
The floor thesisp. 241
The gap thesisp. 247
Labor and desertp. 254
Overviewp. 254
The initial labor theoryp. 256
The revised labor theoryp. 266
Understanding the revised labor theoryp. 285
Assessing the significance of the revised labor theoryp. 289
Conflict and resolutionp. 292
Pluralism and conflictp. 292
The frequency and varieties of conflictsp. 297
Logical consistency, moral realism, and theory acceptancep. 304
Guidelines for applicationp. 310
Business corporationsp. 317
The itineraryp. 317
Efficiency, utility, and the separation of ownership and controlp. 320
Toward a comprehensive view of ownership and controlp. 346
Standards of corporate behaviorp. 357
Ownership, control, and corporate standards in a regime of public ownershipp. 368
Codap. 378
Gratuitous transfersp. 380
Taxation and redistributionp. 380
Wealth inequality and its causesp. 383
Justifying the reduction of inequalities of wealthp. 395
A plan for reducing inequalities of wealthp. 403
More charges of adverse impactp. 411
A moral and political theory of takingsp. 419
Takings and taxingsp. 419
An approach to the moral and political problemp. 422
Utility, efficiency, and takingsp. 425
The impact of labor-desert and justice and equalityp. 435
Takings and the constitutionp. 442
Some traditional judicial testsp. 442
Some other academic approachesp. 448
Toward a new constitutional perspectivep. 456
Applicationsp. 460
Reprisep. 468
Table of casesp. 471
Index of namesp. 473
Index of subjectsp. 481
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780521378864
ISBN-10: 0521378869
Series: Cambridge Studies in Philosophy & Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 504
Published: 27th August 1990
Country of Publication: GB
Dimensions (cm): 23.22 x 15.55  x 3.18
Weight (kg): 0.75

Earn 204 Qantas Points
on this Book