Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

Property and Human Flourishing

Politics & Social Sciences

Alexander, Gregory S.

Anthropology

Oxford University Press

Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Peñalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.

Property and Community

Peñalver, Eduardo M.

Business

The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence

Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property. A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.

University of Chicago Press

Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.

Commodity & Propriety: Competing Visions of Property in American Legal Thought

Business & Money

Economics

Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.

Commodity & Propriety

An Introduction to Property Theory (Cambridge Introductions to Philosophy and Law)

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

Cambridge University Press

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

This highly respected and widely used casebook -- long recognized by both students and instructors as one of the best available for any course -- continues to offer a dynamic and distinctive introduction to the law of property. Carefully preserving the excellent foundation created by original authors the late Jesse Dukeminier and James Krier, PROPERTY, Sixth Edition, incorporates a wealth of new material. What makes PROPERTY such an ideal casebook? <ul>
<li> a unique blend of wit, erudition, insight, and playfulness </li> <li> engaging structure that encompasses cases, text, questions, problems, visual illustrations, and examples </li> <li> modular organization makes the book highly adaptable to a range of syllabi and equally well suited for use in property courses with different emphases and credit hours </li> <li> distinctive sense of humor and human-interest perspective </li> <li> comprehensive coverage of property topics, including in-depth treatment of estates and future interests, servitudes, and land-use controls </li> <li> cases are enhanced and connected to broader legal principles by well-written notes, questions, and problems </li> <li> the authors employ an accessible 'economic lens' as a tool for thinking critically about property -- with the caveat that 'the economics in the book can be managed easily... even by the totally uninitiated; it can also be ignored or even scorned.' </li> <li> extensive Teacher's Manual that answers every question and problem in the casebook, provides brief comments, and offers deeper analysis and observations </li> </ul>
 Changes for the Sixth Edition reflect meticulous updating: <ul>
<li> James Krier is joined by new coauthors Gregory Alexander and Michael Schill in integrating new developments while carefully retaining the distinctive character of this highly successful casebook </li> <li> Intellectual Property materials are substantially revised to incorporate cases recommended by users and decrease the emphasis on cyberspace </li> <li> the Takings chapter is fully updated with new developments and recent Supreme Court cases, including Tahoe Sierra and Kelo v. New London </li> <li> chapters on Estates and Future Interests are shortened by deleting older materials on the Rule Against Perpetuities (RAP) and adding newer materials on the RAP and Dynastic Trusts </li> <li> real estate transaction coverage is enhanced by: a shorter, more up-to-date description of a typical transaction; an updated sales contract; a new section on brokers with a case on broker fiduciary duty; new text on multiple listing services, antitrust implications, and broker commissions; e-signatures and the statute of frauds; remedies for breach of real estate sales contracts, including two new cases on the calculation of damages, rescission, and retention of deposit; and new emphasis on how the law of real property differs from the law of contracts and the UCC </li> <li> prudent trimming of the materials on Equitable Servitudes, particularly on touch and concern and vertical privity requirements </li> <li> for professors who prefer to devote less time to future interests, a new, optional 'short form' version appears in the completely updated Teacher's Manual </li> </ul>
 <a> Visit the companion website for Property, Sixth Edition</a>, where you can find more information about the book and authors.

Property

Krier, James E.

Schill, Michael H.

ASPEN PUB.

Widely regarded as one of the best casebooks available for any law school course, Property, now in its Seventh Edition, combines a traditional doctrinal approach with wit, erudition, and an engaging human-interest perspective that make teaching and learning Property Law a great pleasure. Admired for generations, his landmark casebook features: 
<ul>
<li>
a dynamic yet traditional pedagogy that includes cases, text, questions, problems, visual illustrations, and vibrant examples</li>
<li>
a flexible, modular organization that allows the book to easily adapt to a range of syllabi and course credit hours </li> <li>
comprehensive coverage that encompasses the full range of property topics , with in-depth treatments of estates and future interests, servitudes, and land-use controls</li>
<li>
cartoons and photographs that present humorous asides and visual commentary at appropriate intervals within the text </li>
<li> an accessible and unobtrusive "economic lens" for critically thinking about property issues</li>
</ul>
Updated throughout, the Seventh Edition provides:
<ul>
<li> major changes to the proposed new Restatement (Third) of Property--highlighted, to simplify the system of estates and future interests</li>
<li>additional visual aids and problems in the estates and future interests chapters</li> <li>
a fresh look at marital property law, including the recent gay marriage case from the Iowa Supreme Court</li>
<li>
simplified coverage of servitudes, particularly covenants and equitable servitudes </li>
<li>new signposts in every chapter that link topics in the casebook to sources on the website</li> <li>recent developments in the law governing the landlord-tenant relationship in government-assisted housing
</li>
<li>a timely view of the mortgage crisis and changes in real estate financing 
</li>
<li> streamlined coverage of zoning flexibility 
</li>
<li>a new case and material on Religious Land Use and the Institutionalized Persons Act </li>
<li>updates in land use regulation, environmental law, climate change, and "smart growth"
</li>
<li>
icons added throughout the text to indicate which materials have online counterparts on the companion website,</li>
</ul>
An iconic book with a contemporary feel, Property, Seventh Edition, resonates with the late Jesse Dukeminier's original wit and wisdom. New co-authors Gregory Alexander and Michael Schill keep it fresh, sharp, and up to date with this thoughtful and thorough revision. 
LOOKING FOR ADDITIONAL RESOURCES TO HELP YOU IN PROPERTY? TRY EXAMPLES &amp; EXPLANATIONS: PROPERTY 3E (9780735570313) AND THE WOLTERS KLUWER BOUVIER LAW DICTIONARY: 2011 STUDENT EDITION (9780735568525), TWO OF MANY GREAT STUDY GUIDES FROM WOLTERS KLUWER LAW &amp; BUSINESS.

Dukeminier, Jesse

Aspen Law & Business

Waggoner, Lawrence W., Wellman, Richard V., Alexander, Gregory S., Fellows, Mary Louise

Family Property Law: Cases and Materials on Wills, Trusts, and Future Interests

Waggoner, Lawrence W.

Fellows, Mary Louise

Wellman, Richard V.

Reference

Foundation Pr

See the best price to sell, buy, or rent books by Alexander, Gregory S.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Alexander, Gregory S.

See the best price to sell, buy, or rent books by Alexander, Gregory S.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Property and Human Flourishing

Property and Community

The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence

Commodity & Propriety: Competing Visions of Property in American Legal Thought

Commodity & Propriety

An Introduction to Property Theory (Cambridge Introductions to Philosophy and Law)

An Introduction to Property Theory (Cambridge Introductions to Philosophy and Law)

Property

Property

Family Property Law: Cases and Materials on Wills, Trusts, and Future Interests