Philosophical Foundations of Property Law

2014.07.27 : View this Review Online | View Recent NDPR Reviews James Penner and Henry E. Smith (eds.), Philosophical Foundations of Property Law, Oxford University Press, 2013, 369pp., $98.50
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2014.07.27 : View this Review Online | View Recent NDPR Reviews James Penner and Henry E. Smith (eds.), Philosophical Foundations of Property Law, Oxford University Press, 2013, 369pp., $98.50 (hbk), ISBN 9780199673582. Reviewed by Christopher Essert, Faculty of Law, Queen's University This volume collects thirteen essays on the theory of property law. Most of them (ten, by my count) share an approach to property law which has become prominent over the last twenty or so years. James Penner and Henry Smith, the volume's editors and two prominent proponents of this approach, describe it in their introduction in terms of an "interest in finding a coherent moral-political justification for property rights," a rejection of the 'bundle of rights' approach that dominated the twentieth century (an approach largely skeptical about the very idea of property), and an emphasis on "the importance of property as a doctrinal category" (xvi). The book is well worth picking up for. . .

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News source: Notre Dame Philosophical Reviews // News

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