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The Idea of Property in Law - Oxford Scholarship Online
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The Idea of Property in Law

James Penner


This book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the ‘practice’ of property and the ‘practice’ of contract is essential for a proper understanding, but failure to do so is common. As the book shows, it mars both John Locke's and Georg Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the importance of which has been generally neglected. Perhaps most controversially, the book argues that the justification of the right ... More

Keywords: right to property, sharing, giving, distribution of property, debts, persons, contract, ownership, things

Bibliographic Information

Print publication date: 2000 Print ISBN-13: 9780198299264
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198299264.001.0001


Affiliations are at time of print publication.

James Penner, author
Professor of Property Law, University College London