A liberal theory of property / Hanoch Dagan, Tel Aviv University.
Material type:
- text
- computer
- online resource
- 9781108290340 (ebook)
- 330.1/7 23
- HB701 .D37 2021
Item type | Current library | Collection | Status | Barcode | |
---|---|---|---|---|---|
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Central Library | Law | Available | EB0020 |
Title from publisher's bibliographic system (viewed on 08 Mar 2021).
Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.
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