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An Introduction to Property Theory
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Property and Human Flourishing
Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their c...
Commodity & Propriety
Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Property and Community
Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called “procedural” conceptions. These perspectives on ownership obscure the possibility that the “community” might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that...
Properties of Property
"Represents a rich tapestry that weaves a thread between the theory of property and the concrete details of everyday life"--P. [4] of cover.
Property
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Tenth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a moveable feast of visual interest, compelling cases, and timely coverage of contemporary issues. In the Tenth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. New to the Tenth Edition: Newly unearthed American case law on litigation over wild animals prior to Pierson v. Post (Chapter 1). The addition of primary cases the Supreme Court decided in 2020 concerning statutory annotations (Chap...
Property
Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. Key Benefits: A new chapter on the Intellectual Property/Property relationship, that gives students a taste of patent law, copyright law, trademark law, and trade secrets law. The chapter highlights the differences and similarities among the legal treatment of real, chattel, and intellectual property. A dynamic, two-color designed casebook that encompasses cases, text, questions, problems, examples and numerous photographs and diagrams. Extended coverage of major recent Supreme Court decisions, including Murr v. Wisconsin, Horne v. Department of Agriculture, and Marvin M. Brandt Revocable Trust v. United States.
Atrocity Speech Law
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Reconstructing Ancient Linen Body Armor
A thorough and original study of the linothorax, the linen armor worn by Alexander the Great. Alexander the Great led one of the most successful armies in history and conquered nearly the entirety of the known world while wearing armor made of cloth. How is that possible? In Reconstructing Ancient Linen Body Armor, Gregory S. Aldrete, Scott Bartell, and Alicia Aldrete provide the answer. An extensive multiyear project in experimental archaeology, this pioneering study presents a thorough investigation of the linothorax, linen armor worn by the Greeks, Macedonians, and other ancient Mediterranean warriors. Because the linothorax was made of cloth, no examples of it have survived. As a result,...
Global Perspectives on Constitutional Law
The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.
