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Full-Text Articles in Law
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander
Gregory S Alexander
Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Eduardo M. Peñalver
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a wrong-doer comports with the nearly sacrosanct status of property rights within our characteristically individualist, capitalist, political culture. This dim view of property lawbreakers is also shared to a large degree by property theorists, many of whom regard property rights as a fixed constellation of allocative entitlements that collectively produce stability and order through ownership. In this Article, we seek to rehabilitate, at least to a degree, the maligned character of the intentional property lawbreaker, and …
Property On Trial: Canadian Cases In Context, James Muir, Eric Tucker, Bruce Ziff
Property On Trial: Canadian Cases In Context, James Muir, Eric Tucker, Bruce Ziff
Eric M. Tucker
Property on Trial is a collection of 14 studies of Canadian property law disputes — some well-known, some more obscure — that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to …