Property and Community

Property and Community

Gregory S. Alexander and Eduardo M. Peñalver

Print publication date: 2010

ISBN: 9780195391572

Publisher: Oxford University Press

Abstract

The relationship between individuals and communities — all manner of communities, but especially the state — is a central preoccupation of property theory. Across a broad range of property thought — from utilitarian to Lockean to Hegelian — scholars have expended enormous effort explaining what owners can do with their property and the extent to which the community or the state can participate in those decisions. Discussions of property rights, from whatever perspective, necessarily reflect ideas about the proper domain and limits of individual and community power. Property stands so squarely at the intersection between the individual and community because systems of property are always the creation of some community. Moreover, systems of property have as their subject matter the allocation among community members of rights and duties with respect to resources that human beings need in order to survive and flourish. These allocative decisions are crucially important both to individuals, owners and non-owners alike, and to the community as a whole. In other words, whenever we discuss property, we are unavoidably discussing the architecture of community and of the individual's place within it. Even though the relationship between individuals and community stands at the conceptual center of property theory, the normative theories of community underlying discussions of property are frequently left implicit. This book aims to remedy this deficiency. With essays by property theorists from five different countries, it addresses various facets of the intersection between property and community.

Table of Contents

1 THE OBJECTS OF VIRTUE

DAVID LAMETTI *

2 REIMAGINING TAKINGS LAW

HANOCH DAGAN *

4 PROPERTY AND MARGINALITY

A. J. VAN DER WALT *

5 FACTS ON THE GROUND

NOMI MAYA STOLZENBERG

6 COMMONS AND LEGALITY

AVITAL MARGALIT

End Matter