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Property law can and should expand people's opportunities for individual and collective self-determination while restricting options of interpersonal domination. This book is for scholars and students across disciplines from philosophy and economics to political science, as well as anyone interested in the cutting edge of private law theory.
List of contents
Preface: 1. Liberal property; 2. Some basics; 3. Autonomy and private authority; 4. Property's structural pluralism; 5. Property's relational justice; 6. Making property law; 7. Just markets; 8. Property transitions; 9. Afterword; Notes.
About the author
Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and Director of the Edmond J. Safra Center for Ethics at Tel Aviv University. Dagan has written seven books across the landscape of core private law topics, including Property: Values and Institutions (2011) and The Choice Theory of Contracts (2017), and has published over eighty articles in major law reviews and journals. He has been a visiting professor at Yale University, Connecticut, Columbia University, New York, the University of Michigan, Cornell University, New York, the University of California, Los Angeles, and the University of Toronto law schools.
Summary
Property law can and should expand people's opportunities for individual and collective self-determination while restricting options of interpersonal domination. This book is for scholars and students across disciplines from philosophy and economics to political science, as well as anyone interested in the cutting edge of private law theory.
Additional text
'Mainstream approaches are often deploying sophisticated arguments to only justify ideas we already know, so to legitimize existing legal regimes. At first, Dagan's book seems no exception, there is nothing new in attempting to ground property entitlements on personal autonomy. But the way he does it is path breaking. In Dagan's hands, Property is not a given legal regime, but a set of structurally plural regimes, including the ones we wish to invent. Autonomy does not only focus on owners, but turns also to non-owners as well. It results in a theory of reciprocal justice, for after property has disintegrated. Some will think his conclusions are still too mainstream, but the point is that, thanks to him, the mainstream will have changed.' Mikhail Xifaras, Professor of Public Law, Sciences Po
