A Theory of Property

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Cambridge University Press, Jan 26, 1990 - Law - 491 pages
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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.
 

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Contents

PROPERTY JUSTIFICATION AND EVALUATION
1
12 A SOLUTION
3
13 FOUNDATIONS
9
PROPERTY RIGHTS AND PERSONAL RIGHTS
15
22 HOHFELDS VOCABULARY AND ITS LIMITATIONS
17
23 THE IDEA OF PROPERTY
22
24 EXPECTATIONS
28
25 A MISGUIDED ENTERPRISE?
31
86 UTILITY EFFICIENCY AND PROPERTY
206
87 PREFERENCES AND EXPECTATIONS
221
88 CAN UTILITY AND EFFICIENCY ACCOUNT FOR RIGHTS OF PRIVATE PROPERTY?
224
JUSTICE AND EQUALITY
227
92 STRICT EQUALITY
230
93 A RAWLSIAN CONCEPTION OF EQUAL PROPERTY
233
94 THE FLOOR THESIS
241
95 THE GAP THESIS
247

PERSONS AND THEIR BODIES
37
32 BODY RIGHTS AS LIMITED PROPERTY RIGHTS
41
33 PERSONAL RIGHTS AND PROPERTY RIGHTS
44
34 FROM SELFOWNERSHIP TO WORLDOWNERSHIP?
56
FROM INDIVIDUALS TO SOCIAL CONTEXT
61
42 EXTENSION BY INCORPORATION
63
43 EMBODIMENT BY PROJECTION
67
44 TWO TRANSCENDENTAL FEATURES
71
45 INTENTION AND CONVENTION
75
46 AGENCY STABILITY AND EXPECTATIONS
79
47 PROPERTY AND PERSONALITY
81
CONTROL PRIVACY AND INDIVIDUALITY
88
52 CONTROL PRIVACY AND INDIVIDUALITY
90
53 PROBLEMS OF DISTRIBUTION
98
54 CHARITY AND WELFARE
110
55 AN IMPASSE?
117
PROPERTY AND MORAL CHARACTER
120
62 VIRTUES VICES AND MORAL CHARACTER
121
63 FROM MORAL TO POLITICAL THEORY
125
64 REPUBLICANISM VIRTUE AND COMMERCIAL SOCIETY
138
65 MORAL CHARACTER AND ECONOMIC SYSTEMS
142
66 PROPERTY AND MORAL IDEALS
145
ALIENATION EXPLOITATION AND POWER
148
72 PROPERTY AS AN ATTRIBUTE OF SOCIETIES AND PERSONS
149
73 MARX ON ALIENATION
157
74 ALIENATION AND EXPLOITATION
169
75 PROBLEMS OF PRODUCTION
174
76 PROPERTY AND POWER
178
77 SOCIAL LIFE ECONOMIC OPTIONS AND THEORY
181
JUSTIFICATION AND DISTRIBUTIVE EQUITY
191
82 THE UTILITARIAN TRADITION
193
83 A PRINCIPLE OF UTILITY
196
84 EFFICIENCY
198
85 A COMBINED PRINCIPLE OF UTILITY AND EFFICIENCY
202
LABOR AND DESERT
254
102 THE INITIAL LABOR THEORY
256
103 THE REVISED LABOR THEORY
266
104 UNDERSTANDING THE REVISED LABOR THEORY
285
105 ASSESSING THE SIGNIFICANCE OF THE REVISED LABOR THEORY
289
CONFLICT AND RESOLUTION
292
112 THE FREQUENCY AND VARIETIES OF CONFLICTS
297
113 LOGICAL CONSISTENCY MORAL REALISM AND THEORY ACCEPTANCE
304
114 GUIDELINES FOR APPLICATION
310
APPLICATIONS
317
122 EFFICIENCY UTILITY AND THE SEPARATION OF OWNERSHIP AND CONTROL
320
123 TOWARD A COMPREHENSIVE VIEW OF OWNERSHIP AND CONTROL
346
124 STANDARDS OF CORPORATE BEHAVIOR
357
AND CORPORATE STANDARDS IN A REGIME OF PUBLIC OWNERSHIP
368
126 CODA
378
GRATUITOUS TRANSFERS
380
132 WEALTH INEQUALITY AND ITS CAUSES
383
133 JUSTIFYING THE REDUCTION OF INEQUALITIES OF WEALTH
395
134 A PLAN FOR REDUCING INEQUALITIES OF WEALTH
403
135 MORE CHARGES OF ADVERSE IMPACT
411
A MORAL AND POLITICAL THEORY OF TAKINGS
419
142 AN APPROACH TO THE MORAL AND POLITICAL PROBLEM
422
143 UTILITY EFFICIENCY AND TAKINGS
425
144 THE IMPACT OF LABORDESERT AND JUSTICE AND EQUALITY
435
TAKINGS AND THE CONSTITUTION
442
152 SOME OTHER ACADEMIC APPROACHES
448
153 TOWARD A NEW CONSTITUTIONAL PERSPECTIVE
456
154 APPLICATIONS
460
155 REPRISE
468
TABLE OF CASES
471
INDEX OF NAMES
473
INDEX OF SUBJECTS
481
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