Home Legal Theory Systems • Download e-book for kindle: An introduction to property theory by Gregory S. Alexander

Download e-book for kindle: An introduction to property theory by Gregory S. Alexander

By Gregory S. Alexander

This booklet surveys the top glossy theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts within which estate matters were particularly arguable. those contain redistribution, the best to exclude, regulatory takings, eminent area and highbrow estate. The e-book highlights the Aristotelian human flourishing concept of estate, supplying the main accomplished and available advent to that thought to this point. The book's target is neither to hide each feasible concept nor to debate each attainable aspect of the theories lined. as a substitute, it goals to make the foremost estate theories understandable to newbies, with out sacrificing accuracy or sophistication. The booklet can be of specific curiosity to scholars looking an obtainable creation to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of latest debates.

• Surveys the entire significant present liberal felony and political theories of estate in an obtainable and stress-free style
• presents contextual reports of these theories via concrete parts of significant estate disputes
• Introduces a normative conception of estate according to the Aristotelian perfect of human flourishing and illustrates how that concept differs from different major estate theories in concrete disputes

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This utility has one negative and one positive component. 1. The positive component is a function of the increment of one animal. Since the herdsman receives all the proceeds from the sale of the additional animal, the positive utility is nearly + 1. 2. The negative component is a function of the additional overgrazing created by one more animal. Since, however, the effects of overgrazing are shared by all the herdsmen, the negative utility for any particular decision-making herdsman is only a fraction of –1.

Economic historian Carl Dahlman, for example, argues that the open fields system that developed in medieval villages across Europe – with its scattered plots for cultivation and shared grazing land – was a relatively efficient way of using the same land to produce both crops and livestock. 56 “[T]he question of the relative efficiency of the two systems,” he says, “is a perfectly idle one. ”57 Similarly, Demsetz discusses how the Algonquin Indians in Labrador developed a system of private ownership in response to the changing economic value of beaver pelts.

In fact, the potential costs of failing adequately to cabin this flexibility has been the subject of one of the most fertile areas of utilitarian property theorizing in recent years. On one side of this debate is traditional utilitarianeconomic analysis of property rights, which explores different facets of ownership institutions to determine whether some particular change in the system of property rights, large or small, would be utility enhancing. This approach has been associated with a conception of property rights that views property as a bundle of sticks, that 58 59 56 57 See Dahlman, Open Field System and Beyond, 130–41, 173–8.

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