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Conceptualising Property Law

Conceptualising Property Law
Author: Yaëll Emerich
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2018-11-30
Genre: LAW
ISBN: 1788111842

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Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.


Conceptualising Home

Conceptualising Home
Author: Lorna Fox O'Mahony
Publisher: Bloomsbury Publishing
Total Pages: 568
Release: 2006-12-01
Genre: Law
ISBN: 1847312918

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It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.


Perspectives on Property Law

Perspectives on Property Law
Author: Robert C. Ellickson
Publisher: Aspen Publishing
Total Pages: 865
Release: 2014-04-11
Genre: Law
ISBN: 1454848545

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This reader on property law continues its lengthy track record of success of combining fascinating and essential readings and materials pertaining to property law with author commentary. Now in its Fourth Edition, Perspectives on Property Law adds nationally renowned property scholar Henry E. Smith as co-author to its already impressive author team. Features: Among the new readings included in the Fourth Edition: William Fischel's book on the Homevoter Hypothesis Libecap and Lueck's article on systems of land demarcation Peñalver and Katyal's book on property outlaws Robert Merges's article on the new dynamism in the public domain


Conceptualising Home

Conceptualising Home
Author: Lorna Fox O'Mahony
Publisher:
Total Pages: 551
Release: 2007
Genre: Domicile
ISBN: 9781474200554

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By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, this book examines the possibilities for developing a coherent concept of home in law.


Philosophical Foundations of Property Law

Philosophical Foundations of Property Law
Author: James Penner
Publisher:
Total Pages: 398
Release: 2013-11
Genre: Law
ISBN: 0199673586

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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.


Research Handbook on Family Property and the Law

Research Handbook on Family Property and the Law
Author: Margaret Briggs
Publisher:
Total Pages: 0
Release: 2024-06-28
Genre: Law
ISBN: 9781802204674

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This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law. Bringing together leading, international scholars, the Research Handbook on Family Property and the Law considers the key policy issues that impact family property entitlement, including the extent to which wealth, class and race influence its distribution. It explores the defining features of family property, such as how it is conceptualised, created and legally recognised, and how it has evolved over time. Authors examine the recipients, recognition and redistribution of family property, queer perspectives on property protections in marriage and other registered partnerships, and family property law in a variety of regions including Africa, Asia, Australasia, the Caribbean, Europe and North America. This comprehensive Research Handbook will be a vital resource for academics and students specialising in family law, human rights law, property law, social policy and succession law. It will also benefit legal practitioners and national and international policymakers in the field.


Conceptualizing Capitalism

Conceptualizing Capitalism
Author: Geoffrey M. Hodgson
Publisher: University of Chicago Press
Total Pages: 506
Release: 2016-09-09
Genre: Business & Economics
ISBN: 022641969X

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Capitalism is the dominant economic framework in modern history, but it s unclear how it really works. Relying on the free movement and spontaneous coordination of seemingly infinitesimal market forces, its very essence is remarkably complex. Geoffrey M. Hodgson offers a more precise conceptual framework, defines the concepts involved, and illustrates that what is most important, and what has been most often overlooked, are institutions and contractsthe law. Chapter by chapter, Hodgson focuses in on how capitalism works at its very core to develop his own definitive theory of capitalism. By employing economic history and comparative analysis toward explanatory and analytical ends, Hodgson shows how capitalism is not an eternal or natural order, but indeed a relatively recent institution. If anyone were qualified to venture such a comprehensive and definitive analysis of such an important economic, legal, and social phenomenon, it is Geoffrey Hodgson. "Conceptualizing Capitalism" will significantly alter and carry forward our understanding of markets and how they work."


The Idea of Property in Law

The Idea of Property in Law
Author: James E. Penner
Publisher: Oxford University Press
Total Pages: 262
Release: 1997
Genre: Property
ISBN: 9780198260295

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In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.


New Perspectives on Property Law, Obligations and Restitution

New Perspectives on Property Law, Obligations and Restitution
Author: Alastair Hudson
Publisher:
Total Pages:
Release: 2004
Genre:
ISBN:

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The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination.


Property Law

Property Law
Author: Alison Clarke
Publisher: Cambridge University Press
Total Pages: 777
Release: 2005-12-01
Genre: Law
ISBN: 1139447173

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An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.