Philosophical Foundations of Property Law

Author: James Penner,Henry Smith

Publisher: Oxford University Press

ISBN: 0199673586

Category: Law

Page: 369

View: 907

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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.
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Philosophical Foundations of Human Rights

Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo

Publisher: Oxford University Press

ISBN: 019968863X

Category: Law

Page: 650

View: 942

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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
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Philosophical Foundations of Tax Law

Author: Monica Bhandari

Publisher: Oxford University Press

ISBN: 0198798431

Category:

Page: 320

View: 4331

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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.
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Philosophical Foundations of the Law of Equity

Author: Dennis Klimchuk,Irit Samet,Henry E. Smith

Publisher: Oxford University Press, USA

ISBN: 9780198817659

Category: Law

Page: 400

View: 7949

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The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
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Punishment, Property and Justice

Philosophical Foundations of the Death Penalty and Welfare Controversies

Author: Corey Lang Brettschneider

Publisher: Ashgate Pub Limited

ISBN: 9780754620648

Category: Law

Page: 156

View: 6999

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12. Furman vs. Georgia
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Philosophical Foundations of the Law of Unjust Enrichment

Author: Robert Chambers,Charles Christopher James Mitchell,James E. Penner

Publisher: OUP Oxford

ISBN: N.A

Category: Law

Page: 446

View: 493

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This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.
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Property Rights (Routledge Revivals)

Philosophic Foundations

Author: Lawrence C. Becker

Publisher: Routledge

ISBN: 1317703308

Category: Philosophy

Page: 136

View: 5506

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Property Rights: Philosophic Foundations, first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory.
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