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This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.
List of contents
- Table of Contents
- Preface
- Abbreviations
- Part One: The Complex Structure of Legal Title to Property
- 1: The 'Bundle of Rights' Picture of Property Revisited
- 2: Two Nominalisms: Moral-Political Nominalism and Scientific Reductionist Nominalism
- Part Two: Hohfeldian Analysis and Legal Property Rights
- 3: Hohfeldian Liberties
- 4: The Problems with Powers
- 5: Multital Jural Relations
- 6: The Transmissibility of Rights and the Power to Transfer Title
- Part Three: The Form and Justification of Legal Property Rights
- 7: Exclusion, Use and Usability
- 8: The Justification of Property Rights
- 9: Rights in Land
- A Conclusion of Sorts
About the author
James Penner is the Kwa Geok Choo Professor of Property Law at the National University of Singapore. He previously taught at Brunel University, the London School of Economics, King's College London, and University College London. He joined the Faculty of Law at the National University of Singapore in 2013. He has established himself as one of the world's leading experts in the philosophy of property and the law of trusts, and writes widely in the areas of private law and the philosophy of law. He has been a visiting professor in China, Canada, Belgium, Australia, and the United States.
Summary
This book pinpoints and addresses a number of theoretical problems at the heart of property theory, exploring the bundle of rights picture of property, the Hohfeldian theory of jural relations, the form and justification of property rights, and the ever-vexed question of property rights in land.
Additional text
Penner's book helpfully provides a conceptual structure by which to take property law - and private law more generally - seriously. The book is also useful for private law scholars.