Property in Law

Edited by Ori Herstein (King's College London, Hebrew University of Jerusalem)
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  1. added 2018-10-09
    Moral Market Design.Sam Fox Krauss - 2019 - Kansas Journal of Law and Public Policy 28 (2).
    We often encounter people who we believe are behaving immorally. We routinely try to change minds and often donate to charitable organizations that do the same. Of course, this does not always work. In a liberal, rights-based society, we have to tolerate this. But legal entitlements to act in ways that others find immoral are inefficiently allocated. For example, some meat-eaters value eating meat less than some vegetarians would be willing to pay them to stop. While many have written about (...)
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  2. added 2018-04-03
    Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...)
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  3. added 2017-10-30
    Libertarian Law and Military Defense.Robert P. Murphy - 2017 - Libertarian Papers 9:213-232.
    Joseph Newhard (2017) argues that a libertarian anarchist society would be at a serious military disadvantage if it extended the nonaggression principle to include potential foreign invaders. He goes so far as to recommend cultivating the ability to launch a nuclear attack on foreign cities. In contrast, I argue that the free society would derive its strength from a total commitment to property rights and the protection of innocent life. Both theory and history suggest that a free society would be (...)
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  4. added 2017-06-27
    Sharing is Caring Vs. Stealing is Wrong: A Moral Argument for Limiting Copyright Protection.Julian Hauser - 2017 - International Journal of Technology Policy and Law 3 (1):68-85.
    Copyright is at the centre of both popular and academic debate. That emotions are running high is hardly surprising – copyright influences who contributes what to culture, how culture is used, and even the kind of persons we are and come to be. Consequentialist, Lockean, and personality interest accounts are generally advanced in the literature to morally justify copyright law. I argue that these approaches fail to ground extensive authorial rights in intellectual creations and that only a small subset of (...)
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  5. added 2016-08-29
    The Labour Theory of Property and Marginal Productivity Theory.David Ellerman - 2016 - Economic Thought 5 (1):19.
    After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can be (...)
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  6. added 2015-07-29
    A Behavioral Perspective on Technology Evolution and Domain Name Regulation.Todd Davies - 2008 - Pacific McGeorge Global Business and Development Law Journal 21 (1):1-25.
    This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions about (...)
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  7. added 2014-10-16
    On Property Theory.David Ellerman - 2014 - Journal of Economic Issues (3):601–624.
    A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand function (...)
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  8. added 2014-08-29
    The Metaphysics of Real Estate.Barry Smith & Leo Zaibert - 2001 - Topoi 20 (2):161-172.
    The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...)
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  9. added 2014-08-06
    Real Estate: Foundations of the Ontology of Property.Barry Smith - 2003 - In Heiner Stuckenschmidt, Erik Stubjkaer & Christoph Schlieder (eds.), The Ontology and Modelling of Real Estate Transactions. Ashgate. pp. 51-67.
    Suppose you own a garden-variety object such as a hat or a shirt. Your property right then follows the ageold saw according to which possession is nine-tenths of the law. That is, your possession of a shirt constitutes a strong presumption in favor of your ownership of the shirt. In the case of land, however, this is not the case. Here possession is not only not a strong presumption in favor of ownership; it is not even clear what possession is. (...)
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  10. added 2013-03-18
    Kalkulierte Originalität: Legitimationsmythos und ökonomische Wirklichkeit geistigen Eigentums.Odin Kroeger - 2011 - In Odin Kroeger, Günther Friesinger, Paul Lohberger & Eberhard Ortland (eds.), Geistiges Eigentum und Originalität: Zur Politik der Wissens- und Kulturproduktion. Turia + Kant.
    When it comes to works of art, intellectual property rights (IPR) are often argued to be natural rights, for each work of art, so we are told, is the expression of the particular ingenuity of an individual artist. The account of creativity to which such arguments allude, however, is that of Romanticism, so that one may question whether these arguments hold valid for contemporary artistic practices. Thus, this chapter will construct a Hegelian justification for IPR that goes along with the (...)
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  11. added 2012-05-09
    Why Are Software Patents so Elusive? A Platonic Approach.Odin Kroeger - 2011 - Masaryk University Journal of Law and Technology 5 (1):57-70.
    Software patents are commonly criticised for being fuzzy, context-sensitive, and often granted for trivial inventions. More often than not, these shortcomings are said to be caused by the abstract nature of software - with little further analysis offered. Drawing on Plato’s Parmenides, this paper will argue (1) that the reason why software patents seem to be elusive is that patent law suggests to think about algorithms as paradigmatic examples and (2) that Plato’s distinction between two modes of predication and the (...)
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