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Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 232 pages
File Size : 53,9 Mb
Release : 2001-06-18
Category : Business & Economics
ISBN : 0521640016
This collection of essays examines central issues of property theory from a variety of perspectives.
Author : James Penner,Michael Otsuka
Publisher : Cambridge University Press
Page : 253 pages
File Size : 51,8 Mb
Release : 2018-08-30
Category : Law
ISBN : 9781108422420
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Author : Carol M. Rose
Publisher : Unknown
Page : 317 pages
File Size : 48,6 Mb
Release : 1994
Category : Social Science
ISBN : 0813385547
In an era in which socialism has been widely discredited, the moral and legal status of private property is crucial, and property theory has become one of the most active and exciting battlegrounds of contemporary political and social thought. In this important contribution to the theory of property, Carol Rose sympathetically examines the two currently dominant traditions--neoconservative utilitarianism and liberal communitarianism--acknowledging the strengths of each and laying the groundwork for a theory to bridge the gap between them.By insisting that community norms must underlie any property regime, she expands the horizons of property theory, exploring the role of narrative and storytelling in the establishment of these norms. The result is a study that credits the insights of rival views and breaks new ground both substantively in its implications for understanding property and methodologically in its application of the study of narrative to property law. Property and Persuasion is a valuable contribution to legal theory as well as to political and social philosophy, and it is essential reading for students and professionals in all these fields.
Author : Margaret Jane Radin
Publisher : University of Chicago Press
Page : 279 pages
File Size : 51,7 Mb
Release : 2009-04-03
Category : Political Science
ISBN : 9780226702292
This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
Author : Joel Feinberg
Publisher : Oxford University Press
Page : 232 pages
File Size : 49,7 Mb
Release : 2002-12-26
Category : Law
ISBN : 9780190288648
Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
Author : Joseph S. Jenkins
Publisher : Routledge
Page : 248 pages
File Size : 53,8 Mb
Release : 2016-05-23
Category : Literary Criticism
ISBN : 9781317116653
Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond-a concern of recent volumes in law and social sciences-is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.
Author : Annabelle Lever
Publisher : Cambridge University Press
Page : 361 pages
File Size : 48,7 Mb
Release : 2012-07-05
Category : Law
ISBN : 9781107009318
Examines the justification of patents, copyrights and trademarks in light of the political controversy over the TRIPS agreement.
Author : Utuama, Amos Agbe
Publisher : Malthouse Press
Page : 282 pages
File Size : 41,5 Mb
Release : 2016-07-25
Category : Law
ISBN : 9789785407082
Critical Issues in Nigerian Property Law, a collection of writings in honour of Professor Jelili Adebisi Omotola, SAN, a former Vice Chancellor of the University of Lagos, who died on the 29th of March 2006, has ten chapters that closely examine not only the current state of Property Law in Nigeria, but also recent developments and other challenges that have surfaced since the infamous Land Use Act of 1999. The book is clearly a useful contribution to a growing body of knowledge on property law and practice in Nigeria.
Author : Martin P. Golding,William A. Edmundson
Publisher : John Wiley & Sons
Page : 368 pages
File Size : 44,5 Mb
Release : 2008-04-15
Category : Philosophy
ISBN : 9780470779866
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,7 Mb
Release : 1990-01-26
Category : Philosophy
ISBN : 9781316583470
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.
Author : Justin Koo
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 49,7 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509920679
This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.
Author : Robert E. Goodin,Philip Pettit,Thomas W. Pogge
Publisher : John Wiley & Sons
Page : 914 pages
File Size : 47,7 Mb
Release : 2012-03-12
Category : Philosophy
ISBN : 9781444350876
This new edition of A Companion to Contemporary Political Philosophy has been extended significantly to include 55 chapters across two volumes written by some of today's most distinguished scholars. New contributors include some of today’s most distinguished scholars, among them Thomas Pogge, Charles Beitz, and Michael Doyle Provides in-depth coverage of contemporary philosophical debate in all major related disciplines, such as economics, history, law, political science, international relations and sociology Presents analysis of key political ideologies, including new chapters on Cosmopolitanism and Fundamentalism Includes detailed discussions of major concepts in political philosophy, including virtue, power, human rights, and just war
Author : Lior Zemer
Publisher : Routledge
Page : 179 pages
File Size : 49,8 Mb
Release : 2017-03-02
Category : Philosophy
ISBN : 9781351888011
As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.
Author : Giuseppina D'Agostino
Publisher : Edward Elgar Publishing
Page : 339 pages
File Size : 47,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805209
`Copyright, Contracts, Creators provides a new and original analysis on the relationship between owners and creators and recommendations for legislative change to re-balance the relationship. It is a must-read for the intellectual property legal community and anyone interested in the promotion of creative works.'- Marshall Rothstein, Justice of the Supreme Court of Canada `Dr Giuseppina D'Agostino is a protector of the arts, and her work on intellectual property is designed not only to bring law and order to our digital universe but to bring hope to the artists, poets and writers whose only hope of pursuing their artistry is to earn income for their craft. A wonderful book by one of the most wonderful and forward thinking minds in this subject area.' -Tony Chapman, Founder and CEO, Capital C, Canada `Dr D `Agostino has produced an important, carefully documented and courageous study that deserves to be widely read and discussed and (dare one say?) even to have its message heeded.' - David Vaver, University of Oxford, UK. Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work. Giuseppina D'Agostino discusses how historically laws and courts were more sympathetic to creators, and how the Internet revolution has shifted the scales to favour owners. Consequently, creators often find themselves at opposing ends with copyright owners, and in a disproportionately weaker bargaining position that places tremendous strain on their livelihoods. She argues that this predicament puts society at risk of losing its most valued asset: professional creators. The author calls for a new framework to justify legislative provisions and resolve ambiguities while suggesting principles and mechanisms to address the inadequate treatment of freelance work.
Author : Peter Drahos,Gustavo Ghidini,Hanns Ullrich
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 51,5 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781839101342
The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
