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An Expressive Theory of Possession by Michael JR Crawford Pdf
Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.
An Expressive Theory of Possession by John Rooke Crawford Pdf
Introduction -- 'Exclusion' and 'Possession' : An Introduction to Property Rights -- Facts, Rights and Other Things : Laying the Conceptual Foundations -- An Expressive Theory of Possession -- The Possession Convention -- Possession and Fairness -- Losing, Finding and the Limits of Possession -- Theft, Good-Faith Purchase and the Limits of Conventions -- Conclusion.
An Expressive Theory of Possession by Michael JR Crawford Pdf
Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession 'rule' is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claims to tangible things. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.
Possession, Relative Title, and Ownership in English Law by Luke Rostill Pdf
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Author : Robert C. Ellickson,Carol M. Rose,Henry E. Smith Publisher : Aspen Publishing Page : 709 pages File Size : 53,5 Mb Release : 2023-02-01 Category : Law ISBN : 9781543856163
Perspectives on Property Law by Robert C. Ellickson,Carol M. Rose,Henry E. Smith Pdf
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team
Justifying Private Rights by Simone Degeling,Michael Crawford,Nicholas Tiverios Pdf
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Land Law by Ben McFarlane,Nicholas Hopkins,Sarah Nield Pdf
Land Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach their land law course with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts to offer students a full account of the subject. Using the popular Text, Cases and Materials format the authors take a critical approach to the subject, presenting thought-provoking analysis of the leading case-law in the area and inviting students to develop their own analytical skills ready for exams. The book can be used as a stand-alone resource, or as a complement to Land Law: Core Text, written by the same authors. Covering a broad range of topics, the authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the subject. This approach arms students with the tools needed to analyse content autonomously by seeing how individual rules fit into a broader structure, leading students towards a comprehensive and advanced understanding of this complex subject area. Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A range of resources for this book are available online: - Self-test questions with feedback - Exclusive online chapters - Guidance on answering end-of-chapter questions - Links to further research and websites
Robert D. Denham pursues his quest to uncover the links between Northrop Frye and writers and others who directly influenced his thinking but about whom he did not write an extensive commentary. The first chapter is about Frye’s reading of Patanjali, the founder of the philosophy of Hindu yoga, while the second, discusses cultural mythographer Giambattista Vico, literary history and poetic language. The focus of Frye’s criticism was the verbal arts, but he also had an abiding interest in both the visual arts and music; hence Frye’s admiration of J.S. Bach. The essay on Tolkien examines the tendency in literary history to return from irony to myth, as well as the role that Tolkien played in Frye’s fiction-writing fantasies. In subsequent chapters, Denham explores Frye’s preference for romance and his critique of realism, which run parallel to the views of Oscar Wilde, and their strong shared convictions about the centripetal thrust of art, and about criticism being as creative as literature. Frye’s appreciation for Whitehead’s concept of interpenetration in Science in the Modern World became a key feature of Frye’s speculations about the highest reaches of literature and religion. Frye is clearly indebted to Martin Buber, particularly his influential meditation I and Thou. Aristotle, an important influence upon Frye, was partially filtered through R.S. Crane and his The Languages of Criticism and the Structure of Poetry. Finally, the relationship between Frye and his Oxford tutor Edmund Blunden are explored, while the last is an essay on Frye and M.H. Abrams on how Frye’s critical project might be viewed developed in Abrams’s The Mirror and the Lamp. This book is published in English. - Robert D. Denham poursuit son examen d’écrivains et autres influences qui ont marqué l’éminent critique Northrop Frye, mais sur lesquels celui-ci n’avait pas consacré de réflexions très développées. Le premier chapitre porte sur la lecture que fait Frye de Patanjali, le fondateur de la philosophie du yoga hindou, et le deuxième, sur le mythographe culturel Giambattista Vico, l’histoire littéraire et le langage poétique. Frye s’intéressait aux arts visuels et à la musique et Denham approfondit l’influence de J.S. Bach sur Frye. Le chapitre sur Tolkien porte sur la tendance en histoire littéraire de passer de l’ironie au mythe, mais aussi sur l’ascendant de Tolkien sur la fiction fantaisiste de Frye. Dans les chapitres suivants, Denham explore la préférence de Frye pour le romantique et sa critique du réalisme, qui trouvent écho chez Oscar Wilde, de même que leur conviction, partagée, de l’importance de l’art, et de la critique comme étant aussi créative que la littérature. L’admiration de Frye pour le concept d’interpénétration présenté dans le Science in the Modern World de Whitehead est devenue un élément clé des réflexions de Frye sur la portée de la littérature et de la religion. Denham explore aussi le lien entre Frye et Martin Buber, dont la méditation I and Thou l’a beaucoup inspiré, et celui entre Frye et R.S. Crane, qui parle beaucoup d’Aristote dans son ouvrage The Languages of Criticism and the Structure of Poetry. Le chapitre 9 explore la relation entre Frye et son tuteur d’Oxford, Edmund Blunden, alors que le dernier chapitre porte sur Frye et M.H. Abrams, et notamment sur le projet critique de Frye compris à la lumière du cadre sur la théorie critique développé par Abrams dans The Mirror and the Lamp. Ce livre est publié en anglais.
The Expressive Powers of Law by Richard H. McAdams Pdf
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
The Oxford Handbook of Political Philosophy by David Estlund Pdf
Even though political philosophy has a long tradition, it is much more than the study of old and great treatises. Contemporary philosophers continue to press new arguments on old and timeless questions, but also to propose departures and innovations. The field changes over time, and new work inevitably responds both to events in the world and to the directions of thought itself. This volume includes 22 new pieces by leaders in the field on both perennial and emerging topics of keen interest to contemporary political philosophers. In addition to longstanding issues such as Authority, Equality, and Freedom, and Democracy, there are articles on less classical topics such as Race, Historical Injustice, Deliberation, Money and Politics, Global Justice, and Ideal and Non-Ideal Theory. All of the pieces combine clarity and accessibility with a top scholar's critical and original point of view. The introductory essay briefly situates this snapshot of the state of the art in a broader view of developments in political philosophy in the last 40 years, and looks forward to future developments. Students and scholars alike will find the pieces to be valuable not only surveys but as provocations to think further about the questions, puzzles, and practical problems that animate recent work in political philosophy. The issues will be of interest to many working in philosophy, political science, law, economics, and more.
The Anatomy of Administrative Law by Joanna Bell Pdf
This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.
The Oxford Handbook of Political Philosophy by David Estlund Pdf
This volume includes 22 new pieces by leading political philosophers, on traditional issues (such as authority and equality) and emerging issues (such as race, and money in politics). The pieces are clear and accessible will interest both students and scholars working in philosophy, political science, law, economics, and more.
Possession, Demoniacal And Other by Oesterreich, T K Pdf
This is Volume III of six in a series on Anthropology and Psychology. Originally published in 1930, this collection of papers looks at possession, demonical and other, among primitive races, in antiquity, the Middle Ages and modern times.
