The legitimate role of the state in relation to property and the justification of property institutions of various kinds are matters of increasing concern in the modern world. Political and social theorists, jurists, economists, and historians have taken positions for and against the property institutions upheld in their time by the state, and further dehate seems inevitable. This book brings together ten classic statements which set out the main arguments that are now appealed to and places them in historical and critical perspective. The extracts presented here - all substantial - are from Loeke, Rousseau, Bentham, Marx, Mill, Green, Veblen, Tawney, Morris Cohen, and Charles Reich. A note hy the editor at the head of each extract highlights the arguments in it and relates it to the time at which it was written. Professor Macpherson's introductory and concluding essays expose the roots of some common misconceptions of property, identify current changes in the concept of property, and predict future changes. Macpherson argues that a specific change in the concept (which now appears possible) is needed to rescue liberal democracy from its present impasse. Property is both a valuable text on a crucial topic in political and social theory and a significant contribution to the continuing debate

For more than a century, property rights to land in Molo in the Kenyan highlands have been subjected to diverse reforms and desires. Colonial and independent state administrations have restructured land tenure systems to establish and maintain authority or alleviate landlessness. Meanwhile, people on the ground have developed their own ideas about property rights, place, and people. Via a detailed political ethnography, Ulrika Kolben Waaranperä uncovers the heterodox notion of property rights that has emerged as land has been redistributed, settlement schemes established, electricity lines drawn, and electoral violence mobilized. The book makes an important contribution to the study of land and politics in Kenya and beyond by drawing attention to how conceptions of property rights are shaped by and constitutive of relations of belonging and authority. This relational view challenges the universal definition of property rights undergirding most contemporary land reforms. Instead, property rights are situated within the political and rendered legible for both definitional and distributional debates. In effect, land reform is posited as a fundamentally political undertaking.

This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.

Presents a moral argument, grounded in natural law, for private property and the limits of rights.

This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.

Jesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text. Key Benefits: A new chapter on the Intellectual Property/Property relationship, that gives students a taste of patent law, copyright law, trademark law, and trade secrets law. The chapter highlights the differences and similarities among the legal treatment of real, chattel, and intellectual property. A dynamic, two-color designed casebook that encompasses cases, text, questions, problems, examples and numerous photographs and diagrams. Extended coverage of major recent Supreme Court decisions, including Murr v. Wisconsin, Horne v. Department of Agriculture, and Marvin M. Brandt Revocable Trust v. United States.

In a world of flux, as old territorial borders dissolve and new nations come together, who controls ideas, information, and creativity? Who patrols the new frontiers? This volume opens a window to the dark side of globalization and the struggles for autonomy it has generated from forest disputes to Indigenous land claims to conflicts between farmers and the patent owners of genetically modified seeds. The work of Palestinian poets, whose attachment to the land is explored in a powerful Coda, shows that a politics of place brings to the fore intense feelings of attachment, something common to all struggles over territory and autonomy.

C.B. Macpherson occupies an ambiguous place in contemporary political thought. Though his work is well known, it remains on the margins of current democratic theory. That marginalization, Phillip Hansen argues, comes from our failure to appreciate the underlying philosophical dimension of Macpherson’s work. Identifying and exploring Macpherson’s systematic critique of the liberal claim that the individual is the “proprietor of his own person or capacities, owing nothing to society for them,” Reconsidering C.B. Macpherson highlights his affinities to Herbert Marcuse, Max Horkheimer, and the Frankfurt School. This stimulating reappraisal illustrates the importance of Macpherson’s classic books, including The Political Theory of Possessive Individualism and Democratic Theory, and demonstrates how much his work has to offer to the future of political and social thought.

Addressing law's relationship to land and natural resources through its property regime, Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies.

Questions about land control have invigorated thinkers in agrarian studies and economic history since the nineteenth century. ‘Exclusion’, ‘alienation’, ‘expropriation’, ‘dispossession’, and ‘violence’ animate histories of land use, property rights, and territories. More recently, agrarian environments have been transformed by processes of de-agrarianization, urbanization, migration, and new forms of primitive accumulation. Even the classic agrarian question of how the social relations of agriculture will be influenced by capitalism has been reformulated at critical historical moments, reviving or producing new debates around the importance of land control. The authors in this volume focus on new frontiers of land control and their active creation. These frontiers are sites where established power relationships are challenged by new enclosures and property regimes, producing new social and environmental dynamics in their stead. Contributors examine labor and production processes engaged by new configurations of actors, new agrarian and environmental subjects and the networks connecting them, and new legal and violent means of challenging established or imminent land controls. Overall we find that land control still matters, though in changed degrees and manners. Land control will continue to inspire struggles for a long time. This book was originally published as a special issue of the Journal of Peasant Studies.