A Theory of Property

Stephen R. Munzer (Author)

9780521378864, Cambridge University Press

Paperback, published 26 January 1990

504 pages, 2 b/w illus. 2 tables
22.9 x 15.2 x 2.9 cm, 0.73 kg

'Steeped in the traditions of both Anglo-American and Continental philosophy and armed with the knowledge of property law expert, Munzer moves easily between discussions of thinkers such as Rawls, Marx, and Hegel and concrete discussions of property law roaming over everything from gifts to zoning; all this, with a passion for clarity and a compelling commitment to the view that an engaging and fruitful philosophical dialogue about property must be responsive to its psychological, cultural, and normative dimensions.' Steven Shiffrin, Cornell University

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.

1. Property and justification
Part I. Property Rights and Personal Rights: 2. Understanding property
3. Persons and their bodies
4. Body rights and the constitution
Part II. From Individuals to Social Context: 5. Incorporation and projection
6. Control, privacy and individuality
7. Property and moral character
8. Alienation and society
Part III. Justification and Distributive Equity: 9. Utility and efficiency
10. Justice and equality
11. Labor and desert
12. Conflict and resolution
Part IV. Applications: 13. Business corporations
14. Gratuitous transfers
15. A moral and political theory of takings
16. Takings and the constitution
Table of cases
Index of names
Index of subjects.

Subject Areas: Jurisprudence & philosophy of law [LAB], Social & political philosophy [HPS]