The Psychology Of Property Law

Author : Stephanie M. Stern,Daphna Lewinsohn-Zamir
Publisher : NYU Press
Page : 303 pages
File Size : 46,7 Mb
Release : 2020-02-25
Category : Psychology
ISBN : 9781479873500

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The Psychology of Property Law by Stephanie M. Stern,Daphna Lewinsohn-Zamir Pdf

Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Author : Robert C. Ellickson,Carol M. Rose,Henry E. Smith
Publisher : Aspen Publishing
Page : 544 pages
File Size : 41,8 Mb
Release : 2023
Category : Property
ISBN : 9781543808988

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Perspectives on Property Law by Robert C. Ellickson,Carol M. Rose,Henry E. Smith Pdf

"A reader containing a wide selection of fascinating and essential readings on Property Law, supplemented with the authors' own commentary"--

Author : James Penner,Henry Smith
Publisher : OUP Oxford
Page : 450 pages
File Size : 54,6 Mb
Release : 2013-11-28
Category : Law
ISBN : 9780191654527

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Philosophical Foundations of Property Law by James Penner,Henry Smith Pdf

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Author : Eve M. Brank,Linda J. Demaine
Publisher : NYU Press
Page : 243 pages
File Size : 41,8 Mb
Release : 2019-04-09
Category : Psychology
ISBN : 9781479865413

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The Psychology of Family Law by Eve M. Brank,Linda J. Demaine Pdf

Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.

Author : Bruce Dennis Sales,Daniel A. Krauss
Publisher : Law and Public Policy: Psychol
Page : 0 pages
File Size : 45,8 Mb
Release : 2015
Category : Law
ISBN : 1433819368

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The Psychology of Law by Bruce Dennis Sales,Daniel A. Krauss Pdf

Much legal research undertaken by psychologists has had a minimal impact upon law and public policy in the United States. This book diagnoses and offers a blueprint for correcting this fundamental problem.

Author : Jennifer K. Robbennolt,Valerie P. Hans
Publisher : NYU Press
Page : 327 pages
File Size : 53,7 Mb
Release : 2016
Category : Law
ISBN : 9780814724941

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The Psychology of Tort Law by Jennifer K. Robbennolt,Valerie P. Hans Pdf

Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

Author : Thomas Grisso,Stanley L. Brodsky
Publisher : Oxford University Press
Page : 257 pages
File Size : 48,6 Mb
Release : 2018
Category : Law
ISBN : 9780190688707

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The Roots of Modern Psychology and Law by Thomas Grisso,Stanley L. Brodsky Pdf

"The Roots of Modern Psychology and Law: A Narrative History reveals how the field of psychology and law developed during the first decade following the founding of the American Psychology-Law Society"--

Author : James E. Penner
Publisher : Oxford University Press
Page : 262 pages
File Size : 54,5 Mb
Release : 1997
Category : Property
ISBN : 0198260296

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The Idea of Property in Law by James E. Penner Pdf

In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

Author : James Penner,Henry Smith
Publisher : Oxford University Press
Page : 398 pages
File Size : 53,5 Mb
Release : 2013-11
Category : Law
ISBN : 9780199673582

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Philosophical Foundations of Property Law by James Penner,Henry Smith Pdf

This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

Author : Ernest Beaglehole
Publisher : Psychology Press
Page : 326 pages
File Size : 54,7 Mb
Release : 2017-06
Category : Electronic
ISBN : 1138844462

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Property by Ernest Beaglehole Pdf

First published in 1931, this book represents an attempt to study the psychological basis of the institution of property. There had been many psychological and social studies of marriage and religion prior to publication of this title but none which considered the problems which arise when the institution of property is viewed from the angle of social psychology. Some of these problems are set out in the first chapter. In the remaining chapters the author discusses the problems in the light of evidence drawn from the various branches of psychology and sociology of the day. The final chapter indicates the importance of the author's conclusions for political and social theory at the time.

Author : Peter Cane,Mark V. Tushnet
Publisher : Oxford University Press, USA
Page : 1071 pages
File Size : 42,8 Mb
Release : 2005
Category : Law
ISBN : 0199248176

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The Oxford Handbook of Legal Studies by Peter Cane,Mark V. Tushnet Pdf

This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

Author : Thomas W. Merrill,Henry E. Smith
Publisher : Oxford Introductions to U.S. L
Page : 283 pages
File Size : 40,8 Mb
Release : 2010
Category : Law
ISBN : 9780195314762

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Property by Thomas W. Merrill,Henry E. Smith Pdf

Property is an institution that occupies a central place in law, politics, economics, philosophy, and everyday life. In The Oxford Introductions to U.S. Law: Property, esteemed professors Thomas W. Merrill and Henry E. Smith provide readers with a coherent and motivated account of how property law works, along with its implications for individual autonomy, personhood, and economic organization.

Author : Brian H. Bornstein,Monica K. Miller
Publisher : Springer
Page : 322 pages
File Size : 54,7 Mb
Release : 2019-02-05
Category : Psychology
ISBN : 9783030110420

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Advances in Psychology and Law by Brian H. Bornstein,Monica K. Miller Pdf

The present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans’ wellbeing (Berthelot & Prager), and plea bargaining (Levett).

Author : Brettel Dawson
Publisher : Unknown
Page : 443 pages
File Size : 40,8 Mb
Release : 2013
Category : Persons (Law)
ISBN : 1553222865

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Persons and Property in Private Law by Brettel Dawson Pdf

Author : Michael G. Bridge
Publisher : Oxford University Press
Page : 353 pages
File Size : 51,5 Mb
Release : 2015
Category : Law
ISBN : 9780198743071

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Personal Property Law by Michael G. Bridge Pdf

This title offers an authoritative and concise introduction to personal property law. Providing a definition of personal property law, the author demonstrates why an understanding of the principles of personal property is important.