This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. Features of Properties of Property: Broadly interdisciplinary o cutting-edge work from leading legal scholars and important non-legal scholars Appeals to an international audience o teachers, scholars, and students o throughout Europe, the British Commonwealth, and China Suited for courses and seminars in other departments o from history to urban planning o both at the graduate and undergraduate level A must for any law school library o relevant, even if no seminar on property theory is offered o appeals to law school students, scholars and graduate students interested in property o provides different ways the authors have organized property theory seminars using the book o suggestions for using the book as a companion to a property casebook o discussion of questions posed in the Notes
A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.
The book attempts to critically analyse the cases on the law of copyright as well as statutory provisions of law of copyright. When the first edition of the book was published in 2015, there was no readable and dependable book for the general reader interested to be acquainted with the changing features of the law of copyright immediate after the enactment of the Copyright (Amendment) Act 2012. Since the publication of this book, the Finance Act 2017 has introduced Appellate Board in place of Copyright Board as well as the Supreme Court and High Courts in India have also delivered a large number of judicial decisions on the law of copyright. In this edition the author has surveyed all such Courts decisions and analysed them and inserted them in appropriate places of the book and also examined the impact of the Appellate Board. It presents not only the provisions of the Copyright Act 1957 in the form of a normative, but points out the changes made thereon by formal amendments as well as conflicts of law which have been settled by judicial interpretations. The book is divided into ten chapters. Chapter 1 is introductory, while Chapters 2 and 3 discuss the origin and development of law of copyright at international as well as national level. The most important debatable issue in copyright law is “works in which copyright subsists”, and the Chapter 4 is devoted to this aspect. Chapter 5 explores various issues relating to author of work, owner of copyright and recognised rights of copyright owner. The terms of copyright, licensing of copyright, international copyright and registration of copyright are the subject matter of Chapter 6, while rights of broadcasting organisation and of performers (neighbouring rights) are the subject matter of Chapter 7. Internet is the greatest communication medium of the contemporary era, and there is an inherent link between law of copyright and internet. Therefore, Chapter 8 is devoted to discuss various issues relating to “protection of copyright in internet.” While Chapter 9 demonstrates the law relating to infringement of copyright and defences of copyright liability. Chapter 10, the concluding chapter, discusses the enforcement of copyright in India in detail. Though the book is designed for the undergraduate and postgraduate students of Law, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society. TARGET AUDIENCE • Undergraduate and postgraduate students of Law. • Researchers, Academicians, Jurists, Lawyers, Judges as well as members of Civil Society.
This work looks at ethical and moral questions surrounding certain economic "commodities" such as body parts and babies. It argues that commodification should remain incomplete, with some contested things being bought and sold only under strict regulation.
Rotherham (U. of Cambridge, UK) provides a study of the juridical doctrines of English common law that allow for the acquisition of rights of ownership without an owner's consent and the issues raised by such redistributions of property rights. He ar gues that there is a fundamental tension in English law between the idea that property is inviolable and a de facto recognition of remedies that redistribute property rights. This tension leads to doctrines that are highly misleading and often indefe nsible. He suggests that the refusal to acknowledge the normative dimension of common law reasoning has precluded rational policy-making and has led to legal justifications that obfuscate rather than explain. A more rational doctrine would reject the absolutist paradigm of property, recognizing proper limits. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
