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Philosophical Foundations of Property Law - Oxford Scholarship Online
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Philosophical Foundations of Property Law

James Penner and Henry Smith


Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct — a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive ju ... More

Keywords: property, philosophy of property, private law, Hume, Locke, Kant, Grotius, property law

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199673582
Published to Oxford Scholarship Online: January 2014 DOI:10.1093/acprof:oso/9780199673582.001.0001


Affiliations are at time of print publication.

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

Henry Smith, editor
Fessenden Professor of Law, Harvard Law School