Property Law
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Description
Philosophical thought about the law of property covers two types of issues. First there are analytic issues, about the meaning and use of the most important concepts in property law, such as “private property,” “ownership,” and “thing.” The second type of issue is normative or justificatory. The law of property, as we know it, involves individuals having the right to make decisions about the use of resources—the land and the material wealth of a country—without necessarily consulting the interests and wishes of others in society who might be affected. So what in general justifies giving people rights of this kind? And specifically, what principles justify the allocation of particular resources to particular owners? The two sets of issues are of course connected, for the point of sharpening our analytical understanding of concepts like “ownership” is to make clearer what is actually at stake when questions of justification are raised.
Source Publication
A Companion to Philosophy of Law and Legal Theory
Source Editors/Authors
Dennis Patterson
Publication Date
1996
Recommended Citation
Waldron, Jeremy, "Property Law" (1996). Faculty Chapters. 1642.
https://gretchen.law.nyu.edu/fac-chapt/1642
