New Essays in the Legal and Political Theory of Property

This collection of essays examines central issues of property theory from a variety of perspectives.

Stephen R. Munzer (Edited by)

9780521640015, Cambridge University Press

Hardback, published 18 June 2001

224 pages, 1 b/w illus. 5 tables
22.9 x 15.2 x 1.6 cm, 0.5 kg

"This is an outstanding collection.... Each essay is admirably ambitious and clearly argued. ...this book should inspire us to renewed theoretical vigour." Canadian Journal of Political Science

There has always been much controversy surrounding property rights in legal and political philosophy. Thinkers such as Plato, Locke, Kant, Hegel and Marx have all offered different views on the idea of property. This collection of essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a variety of perspectives. The essays discuss whether property may be dissipated or used imprudently with impunity, and analyse how a person's property should be distributed after death. They survey the economic landscape of intellectual property and show that Locke's celebrated justification for private property falters when it comes to copyrights and patents. They also demonstrate how important it is that institutions of property be carefully justified. The variety and originality of these essays are evidence that the theory of property is one of the most exciting areas of intellectual inquiry in the humanities and social sciences.

Contributors
Preface and acknowledgements
Introduction Stephen R. Munzer
1. Property, honesty and normative resilience Jeremy Waldron
2. Property as social relations Stephen R. Munzer
3. Must we have the right to waste? Edward J. McCaffery
4. Inheritance and the justice tribunal J. W. Harris
5. Lockean arguments for private intellectual property Seana Valentine Shiffrin
6. Theories of intellectual property William Fisher
Table of cases
Index of names
Index of subjects.

Subject Areas: Philosophy [HP]