By Gregory S. Alexander

ISBN-10: 0511978545

ISBN-13: 9780511978548

ISBN-10: 0521113652

ISBN-13: 9780521113656

ISBN-10: 0521130603

ISBN-13: 9780521130608

ISBN-10: 1139367986

ISBN-13: 9781139367981

This booklet surveys the top smooth theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts during which estate matters were particularly debatable. those contain redistribution, the precise to exclude, regulatory takings, eminent area and highbrow estate. The e-book highlights the Aristotelian human flourishing conception of estate, offering the main entire and obtainable advent to that idea to this point. The book's target is neither to hide each a possibility concept nor to debate each attainable part of the theories coated. as an alternative, it goals to make the foremost estate theories understandable to novices, with no sacrificing accuracy or sophistication. The publication might be of specific curiosity to scholars looking an available advent to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of latest debates.

• Surveys the entire significant present liberal criminal and political theories of estate in an obtainable and stress-free style
• offers contextual stories of these theories via concrete parts of significant estate disputes
• Introduces a normative concept of estate according to the Aristotelian excellent of human flourishing and illustrates how that thought differs from different prime estate theories in concrete disputes

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53 Generally speaking, where it is possible to limit access to an unowned resource, and where tools exist to prevent too much of the sort of opportunistic behavior that can undermine people’s willingness to cooperate, users of common pool resources 50 51 52 53 48 49 See Dahlman, Open Field System and Beyond, 23–4, 101. Gordon, “The Fishery,” 99; see also Dahlman, Open Field System and Beyond, 120. Gordon, “The Fishery,” 97. James M. Acheson, The Lobster Gangs of Maine (1988). , 12–22. See, for example, Robert C.

The Free Rider Overcoming wasteful overconsumption of common resources is only half of the utilitarian account of property. The other half revolves around the story of the free rider. The free rider is someone who sits back and lets others do the work so he can enjoy the benefits. Of course, if everyone is a free rider, even the free riders lose. Nevertheless, the threat of free riding may discourage anyone from doing his fair share. Go back to the hypothetical open access commons field. But this time, instead of a field for grazing, assume it would most productively be used to cultivate corn for home consumption.

It is not uncommon for legal economists to argue that, to the extent that the law already fosters efficiency, it should (at least as a prima facie matter) be preserved, and where it fails to do so, it should be reformed. In this normative mode, Law and Economics espouses something that looks very much like a broadly utilitarian moral theory. ”27 Thus, while their precise terminology varies, legal economists generally argue that a social choice is efficient to St. Thomas Aquinas, Summa Theologica, trans.

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An introduction to property theory by Gregory S. Alexander


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