Aspen Publishing

Properties of Property

Gregory S. Alexander, Hanoch Dagan


  • ISBN: 9781454813569

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  • Description

    Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. A Teacher’s Guide provides different ways the authors have organized property theory seminars using the book; suggestions for using the book as a companion to a property casebook; and discussion of questions that are posed in the Notes.

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  • Details
    Page Count 480
    Published 04/30/2012
  • Additional Product Details

    Summary of Contents

    Part I. Why Property?

    Ch. 1. The Labor Theory

    Ch. 2. The Personhood Theory

    Ch. 3. Property and Liberty

    Ch. 4. Property as a Kantian Right

    Ch. 5. Property and Well-Being

    Ch. 6. Property and Citizenship

    Ch. 7. Property and Distributive Justice

    Part II. How Property?

    Ch. 8. Structuring Ownership

    1. Between Despotic Dominion and Bundle of Rights

    2. The Numerus Clausus Puzzle

    Ch. 9. Between Exclusion and Responsibility

    1. Ownership and Exclusion

    2. Ownership and Responsibility

    Ch. 10. Exit and Entry

    Ch. 11. Foreground v. Background: Law or Social Norms

    Ch. 12. Common and Public Property

    Ch. 13. Commodity v. Propriety

    1. Historical

    2. Normativ

    Part III. Property in Context

    Ch. 14. Things (Property in What?)

    1. Information

    2. The Body and Body Parts

    3. The "New Property"

    4. Artifacts of Cultural Heritage

    Ch. 15. Family

    1. Inheritance and Intergeneration Justice

    2. Marriage

    3. Trusts

    Ch. 16. Home

    1. The Home

    2. Homelessness and a Right to Housing

    3. Residential Communities

    4. Housing Discrimination

    Ch. 17. Transitions

    1. Takings

    2. Aboriginal Land Regimes and Colonialism

    3. Reparations

    Ch. 18. Environmental Law and Policy

  • Author Information

    Gregory S. Alexander

    ssor Gregory Alexander, a nationally renowned expert in property and trusts and estates, has taught at Cornell Law School since 1985. Following his graduation from Northwestern University School of Law, he clerked for the Hon. George Edwards of the U.S. Court of Appeals for the Sixth Circuit. After he completed further study as a Bigelow Fellow at the University of Chicago Law School, Alexander became a professor at the University of Georgia School of Law, where he remained until coming to Cornell. An active member of the academic community, Professor Alexander has served as Reporter to the Uniform Ante-Mortem Probate of Wills Act Project, chaired sections on Donative Transfers and Property for the Association of American Law Schools, and appeared fifteen times in Who's Who in American Law. Mr. Alexander remains a prolific and recognized writer, the winner of the American Publishers Association's 1997 Best Book of the Year in Law award for his work, Commodity and Propriety. Professor Alexander is also author of The Global Debate Over Constitutional Property, published by University of Chicago Press (2006), and Community and Property (with Eduardo Penalver), published by Oxford University Press (2

    Hanoch Dagan

    Prof. Hanoch Dagan is the former Dean of the Tel-Aviv University Faculty of Law (2006-2011) and the founding director of the Zvi Meitar Center for Advanced Legal Studies (2007-2011). He is also a Senior Fellow at the Israel Democracy Institute and a member of the American Law Institute and of the International Academy of Comparative Law. Prof. Dagan received an LL.M. and a J.S.D. from Yale Law School (where he held a Fulbright award) after receiving his LL.B. Summa Cum Laude from Tel Aviv University. Prior to becoming Dean he was the Director of the Cegla Center for Interdisciplinary Research of the Law and the Editor in Chief of Theoretical Inquiries in Law. He was also a visiting professor and an Affiliated Overseas Professor at the University of Michigan Law School. Prof. Dagan has published over forty articles in leading legal journals such as Yale Law Journal, Columbia Law Review, New York University Law Review, California Law Review, Virginia Law Review, Michigan Law Review, Cornell Law Review, Texas Law Review, University of Toronto Law Journal, Boston University Law Review, American Bankruptcy Law Journal, American Journal of Comparative Law, and Yale Journal of Law and the Humanities. Prof. Dagan has also written four books: Unjust Enrichment: A Study of Private Law and Public Values (Cambridge University Press, 1997), The Law and Ethics of Restitution (Cambridge University Press, 2004), Property at a Crossroads (Ramot, 2005) (in Hebrew), and Property: Values and Institutions (Oxford University Press, 2011). He is currently working on two new books: Properties of Property (with Gregory S. Alexander) (Aspen, forthcoming 2012), and American Legal Realism Reconsidered (Oxford University Press, forthcoming 2013). During the Fall of 2011 Professor Dagan will be a Visiting Professor of Law and Oscar M. Ruebhausen Distinguished Senior Fellow at Yale Law School.

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