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Borderlines in Private Law

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The Right to Private Property


ISBN13: 9780198239376
ISBN: 0198239378
Published: August 1990
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £49.49



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Can the right to private property be claimed as one of the rights of mankind? This is the central question of a critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's ""Second Treatise"" and Hegel's ""Philosophy of Right"" to illustrate this contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality.

Subjects:
Property Law
Contents:
Part 1: The Framework: Introduction
What is private property?
Right-based arguments
Special rights and general rights
Part II: The arguments: Arguing for property
Locke's discussion of property
Historical entitlement: some difficulties
General-right-based arguments for private property
The Proudhon Strategy
Hegel's discussion of property
Self-ownership and the opportunity to appropriate
Property for all
Bibliography
Index

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