When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'.Bridging the gulf between juristic writing on property and speculations about it appearing in the
tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property
and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.
`Review from previous edition the book gets full marks for opening up discussions of several crucial features of property institutions, and for challenging received views on such topics as ownership of one's body and the status of rights to property. All in all, this is a book students of political philosophy should read, and it makes a welcome addition to the body of good work that has been produced on property in the past decade. Indeed, it is probably
the best book on property we now have.'
David Crossley Dialogue
`James Harris has written and admirable book in which he seeks to combine lawyerly insights about property with philosophical insights about justice The book as a whole is laudable achievement and should be studied by anyone interested in the two key concepts designated in the title.'
Matthew Kramer, Cambridge Law Journal
`There are two particular explanations of why this ambitious project deserves a welcome. They concern, first, the status of arguments about justice and property in political theory; and secondly, the relationship between the study of law and the concerns of political philosophy.'
Andrew Reeve, Oxford Journal of Legal Studies
`The primary audience for this book will be philosophers of law, who will find the philosophical analysis and arguments about property as it features in Anglo-American law very enlightening.'
Peter Vallentyne, Virginia Commonwealth University, Mind, no 108, no 431, July 1999
Part I: What is Property?
2: Imaginary Societies
3: Minimal Structure
4: Building on the Minimal Structure
5: Ownership as an Organizing Idea
6: Ownership as a Principle
7: Private and Non-private Property
8: Person-Thing and Person-Person Relations
9: What Property is
Part II: Is Party Just?
10: The Agenda
11: Natural Property Rights and Labour
12: Natural Property Rights and the Assault Analogy
13: Property and Freedom
14: Against Property Freedoms
15: The Instrumental Values of Property
16: Alleged Dominating Principles
17: The Limits of Property
18: Property is Just, to a Degree, Sometimes
Number Of Pages: 416
Published: 1st October 2001
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.52 x 16.15
Weight (kg): 0.59