Download An introduction to property theory by Gregory S. Alexander PDF

By Gregory S. Alexander

This publication surveys the major glossy theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts during which estate concerns were particularly arguable. those comprise redistribution, the ideal to exclude, regulatory takings, eminent area and highbrow estate. The publication highlights the Aristotelian human flourishing concept of estate, delivering the main entire and available advent to that idea so far. The book's aim is neither to hide each achievable concept nor to debate each attainable part of the theories coated. as an alternative, it goals to make the most important estate theories understandable to rookies, with out sacrificing accuracy or sophistication. The publication can be of specific curiosity to scholars looking an obtainable advent to modern theories of estate, yet even experts will enjoy the book's lucid descriptions of up to date debates.

• Surveys all the significant present liberal felony and political theories of estate in an obtainable and relaxing style
• offers contextual reviews of these theories via concrete components of significant estate disputes
• Introduces a normative idea of estate in accordance with the Aristotelian perfect of human flourishing and illustrates how that thought differs from different prime estate theories in concrete disputes

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Extra resources for An introduction to property theory

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Of course, some mismatch between the benefits of individual ownership and the consequences of individual choice will remain. But even as to these surviving externalities, Demsetz argues, private ownership may constitute an improvement. 36 As Demsetz notes, the creation of a system of private ownership is not free. But when externalities are expensive enough, establishing a system of private ownership becomes cost-effective. According to Hardin, the only two options for realigning an individual’s calculation of private gain with the collective costs and benefits of commons consumption are either to parcel the commons into private shares so that the individual bears more of the costs of his consumption or to enact coercive regulations that prohibit overexploitation.

Of course, the information gathered in these ways is susceptible to numerous questions. When Borges pays $3 for chocolate ice cream, how do we know he wouldn’t have paid more if the price had been higher? Suppose Neruda is so poor that he cannot afford ice cream that costs more than $1. If he refuses to buy the chocolate ice cream for $3, even though he wants it badly, is it accurate to conclude that he desires chocolate ice cream less intensely than Borges, who is rich and merely likes to buy ice cream to watch the patterns it makes when it melts?

To be some truth in the conservative dictum that everybody’s property is nobody’s property. ”31 Despite these earlier discussions, Hardin’s article became the classic statement of the problem, probably because of its memorable title and because it presented the issue in a uniquely clear and accessible manner. Hardin described the tragedy as follows: Picture a pasture open to all.  . As a rational being, each herdsman seeks to maximize his gain. Explicitly or implicitly, more or less consciously, he See Garrett Hardin, “Tragedy of the Commons,” Science 162 (1968): 1243.

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