A Liberal Theory of Property

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Hanoch Dagan (Author)

9781108418546, Cambridge University Press

Hardback, published 15 April 2021

250 pages
16 x 23.5 x 2.5 cm, 0.64 kg

'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.' Dr. Hans-Wolfgang Micklitz, Journal of Consumer Policy

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.

Preface: 1. Liberal property
2. Some basics
3. Autonomy and private authority
4. Property's structural pluralism
5. Property's relational justice
6. Making property law
7. Just markets
8. Property transitions
9. Afterword
Notes.

Subject Areas: Personal property law [LNSP], Property law [LNS], Private / Civil law: general works [LNB], Jurisprudence & philosophy of law [LAB], Property & real estate [KFFR]