An Introduction to Property Theory

Cambridge Introductions to Philosophy and Law

by Gregory S. Alexander, Eduardo M. Peñalver

This book surveys the leading modern theories of property – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing – and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

Genres: Philosophy, Law, Economics, Nonfiction, Politics

246 pages, Hardcover

First published March 22, 2012

Reviews

[Rt · Rating 5 out of 5]

Slim book that nonetheless comprehensively does what it says on the tin, with introductions to utilitarian, Lockean, Hegelian, and Aristotlean/flourishing-based theories of property rights, then chapters addressing several major issues from each perspective, including takings and intellectual property. The criticisms of Nozick et al. are particularly compelling (from my perspective), but they also make some good points about the property-as-exclusion-right theorists and Henry Smith’s “property isn’t a bundle of sticks” account that says that property rights simplify understanding of one’s rights with respect to objects. As they point out, with respect to property that the owner has opened to the general public, “it is far from clear that unfettered exclusion rights make the world an easier place to navigate for nonowners… In the pre-civil-rights-era South, that message might have been: If you are white, come in and browse, shop, sit down, and eat; if you are African American, come in, shop, order food at our lunch counter, but do not sit down to eat or interact with white customers. In the modern shopping center, the message might be: Come in, browse, walk around, sit down, eat, perhaps even participate in an aerobics class or watch school children put on a show, but do not engage in political speech, no matter how orderly.” If you wanted an intro to the big debates in property theory, this would be a good one.

[Matthew Summers · Rating 4 out of 5]

A great introduction to the various theories that ground our notion of property. This book offers a fair and neutral exploration of the advantages and disadvantages of each theory. Several problems such as eminent domain and government/regulatory takings are also considered through the lens of each of theory.

Theories explored:
Utilitarian
Lockean/Libertarian
Personhood/Hegelian
Kantian
Human Flourishing/Aristotelian

Problems explored:
Redistribution
The Right to Exclude
Eminent Domain/Regulatory Takings
Intellectual Property