This collection of essays brings together leading experts with emerging scholars from different common law jurisdictions to deal with foundational questions about the relationship between property and contract. The volume is structured in five parts: forms of property; contract and conveyance; institutions; structure of private law; and theories of contract. Some essays focus in on specific institutions along the property contract interface, including bailments, leases, security interests,...

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be...

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Mi...

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supe...

This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning.The volume is divided into 3 parts:The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning.The second part, Rules and Reasons, addresses two concepts central to two pro...

Fourteen scholars who work on campus or in the theater address this issue of what it means to play offstage. With their individual definition of what “offstage” could mean, the results were, predictably, varied. They employed a variety of critical approaches to the question of what happens when the play moves into the audience or beyond the physical playhouse itself? What are the social, cultural, and political ramifications? Questions of “how” and “why” actors play offstage admit the larg...

Few industries in the U.S. are as stuck in the past as our utilities are. In the face of growing challenges from climate change and the need for energy security, a system and a business model that each took more than a century to evolve must now be extensively retooled in the span of a few decades. Despite the need, many of the technologies and institutions needed are still being designed or tested. It is like rebuilding our entire airplane fleet, along with our runways and air traffic con...

The foundational text of libertarian thought, named one of the 100 Most Influential Books since World War II (Times Literary Supplement)First published in response to John Rawls' A Theory of Justice, Robert Nozick's Anarchy, State, and Utopia has since become one of the defining texts in classic libertarian thought. Challenging and ultimately rejecting liberal, socialist, and conservative agendas, Nozick boldly asserts that the rights of ...

From the author of the #1 New York Times bestseller On Bullshit, the case for worrying less about the rich and more about the poorEconomic inequality is one of the most divisive issues of our time. Yet few would argue that inequality is a greater evil than poverty. The poor suffer because they don't have enough, not because others have more, and some have far too much. So why do many people appear to be more distressed by the rich than by the poor...

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy wit...

The third edition of Jurisprudence offers a logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy. Written primarily for undergraduate students, it examines and demystifies the discipline's major ideas, and promotes a richer understanding of the social, moral and economic dimensions of the law. By locating the major traditions of jurisprudence within the history of ideas, the author deepens students' understanding of the perennial debat...

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve individu...