Article

Philosophy of Property Law

Peter Benson

in The Oxford Handbook of Jurisprudence and Philosophy of Law

Published in print January 2004 | ISBN: 9780199270972
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199270972.013.0019

Series: Oxford Handbooks in Law

Philosophy of Property Law

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This article examines the right of property as one part of the theory of private law. It is concerned with the justice of private property as one among several main institutions of society that distribute the benefits and burdens that arise through social co-operation. It presents the concept of private law, as characterized by a specific and a distinctive conception of rights called juridical rights and also identifies three essential features of the juridical conception of rights. This article further explores how these publicly available principles and values fit together to form a whole that is reasonable. It provides a framework that is presented as latent in the public legal and political culture, which enables us to see the normative import and the coherence of the principles and values of that culture.

Keywords: private law; private property; juridical; political culture; normative

Article.  37351 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law ; Property Law

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