A Liberal Theory of Property (Hardcover) (ISBN-13: 9781108418546)

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.

Author: Hanoch Dagan
ISBN-10: 1108418546
ISBN-13: 9781108418546
Publisher: Cambridge University Press
Language: English
Published: 04/15/2021
Pages: 250
Format: Hardcover
Weight: 1.38lbs
Size: 9.00h x 6.00w x 0.81d