Jump to ContentJump to Main Navigation
PropertyValues and Institutions$
Users without a subscription are not able to see the full content.

Hanoch Dagan

Print publication date: 2011

Print ISBN-13: 9780199737864

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199737864.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2020

Exclusion and Inclusion in Property

Exclusion and Inclusion in Property

(p.37) 2 Exclusion and Inclusion in Property

Hanoch Dagan (Contributor Webpage)

Oxford University Press

This chapter addresses the substance of property. Section I presents some recent provocative accounts of the right to exclude as the core of property. Section II offers a conceptual critique of this admittedly attractive but ultimately misleading trend of exclusion-centrism in property. Section III turns to the normative dimension, emphasizing the limits of the morality of exclusion and explaining why inclusion or entry is an internal feature of some property institutions. Finally, Section IV sketches some implications and applications of the status of nonowners' right to entry as an intrinsic component of the right to property in specific types of cases and deals with three examples: the law of public accommodations, with its rather early common law origins of vindicating such a right to entry; the copyright doctrine of fair use, which is unfortunately under attack in recent times; and the law of fair housing, which currently codifies the right to entry in what may well be its most important manifestation in contemporary society.

Keywords:   property law, right to exclude, property institutions, nonowners' right to entry, law of public accommodations, copyright doctrine of fair use, law of fair housing

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .