Wednesday, March 19, 2014

Philosophical Foundations of Property Law

James Penner & Henry E. Smith (eds.) (National University of Singapore, Harvard University). Philosophical Foundations of Property Law (Oxford University Press, 2013).

"Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find?"
—From publisher's website