Research Handbook on Property, Law and Theory: (Research Handbooks in Private and Commercial Law series)

This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine property’s place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change. Bringing together over 30 contributors from Asia, Australasia, Europe and North America, the Research Handbook surveys the dynamic fields of property and property law across legal traditions through different historical, contemporary, comparative and jurisdiction-specific lenses. Contributing authors pose questions as to how property can and should be theorised and conceptualised, incorporating insights from feminist and LGBTQ+ perspectives, as well as questions surrounding property and emotion, squatting and human rights issues. Contributors explore how property operates in different legal frameworks and in these distinct contexts, reflecting on property’s place in theory and society. Presenting unique insights from leading experts in the field, this prescient Research Handbook is a thought-provoking read for students and scholars of legal theory, property law, property theory and socio-legal studies.

Table of Contents:
Contents Foreword xiv PART I FOUNDATIONS 1 Introduction to the Research Handbook on Property, Law and Theory: Revisiting classical accounts and exploring contemporary contexts and challenges 2 Chris Bevan 2 Justifying property: looking beyond the Blackstonian paradigm of private ownership by a self-interested autonomous human individual 15 Alison Clarke 3 Real property rights in England and Wales: removing the law/equity distinction 37 Martin Dixon 4 Possession, use, and exclusion 52 James Y. Stern 5 Boundaries 73 Gregory S. Alexander PART II CLASSICAL AND CONTEMPORARY ACCOUNTS OF PROPERTY THEORY 6 Utilitarian property theories 89 Gregory S. Alexander and Eduardo M. Peñalver 7 Locke’s theory of property 109 Thomas J. Berry 8 After Hegel: rethinking personhood for the collective 125 Amelia Thorpe, Amy J. Cohen and Ilana Gershon 9 Authority and acquisition: Kant on property in the state of nature 142 Luke J. Davies 10 The concept of property in Marx 155 K. Nikias 11 Radical contingency and the bundle of rights 169 Jane B. Baron 12 Progressive property’s Thomistic turn: connecting human sustenance and human flourishing 182 Rachael Walsh 13 Liberal property theory 197 Hanoch Dagan 14 Destabilizing property 214 Ezra Rosser 15 Property theory’s neglect of non-private property 231 Leon Terrill 16 Property as service streams 247 Lee Anne Fennell 17 The praxis of real estate law: more than scriveners of the deal 263 Robin Paul Malloy PART III PROPERTY IN CONTEXT 18 Feminist perspectives on property law 278 Rosemary Auchmuty 19 Property and the LGBTQ+ community: the example of the United States 294 Nancy J. Knauer 20 Indigenous peoples and the violence of ‘property’: can human rights law support decolonisation? 312 Saskia Vermeylen, Jérémie Gilbert and Cindy Kobei 21 Eminent domain, regulatory takings and the right to property 326 Víðir Smári Petersen and Bram Akkermans 22 Property law and emotions 345 Heather Conway and John Stannard 23 Property in human body parts 361 Imogen Goold 24 Speculation, squatting and sustainability 377 Lorna Fox O’Mahony and Marc L. Roark 25 Rights and challenges in the technological domain: navigating the transformations of digital property 394 Nicola Lucchi 26 Property and the art world 406 Emma J. L. Waring 27 Intellectual property rights and private law entitlements 422 Robert P. Merges 28 Intellectual property law in gaming and artificial intelligence 448 Enrico Bonadio and Alina Trapova 29 Cryptoassets and the renaissance of the tertium quid? 463 Kelvin F. K. Low 30 Property rights and environmental ethics 479 James Penner 31 Private property and climate change 494 P. T. Babie Index 510

About the Author :
Edited by Chris Bevan, Professor in Property Law, Durham Law School, Durham University, UK

Review :
‘Of all collections in property, law and theory, this book stands out. Its breadth and depth are extraordinary, with contributions from pre-eminent and emerging scholars from five continents. It ranges from critiques and defenses of the classic justifications for the human institution of property to squatters’ rights, the LGBTQ+ community, digital property, and the impending collision between established property rights and climate catastrophe. This is the resource in the field published in the last twenty years.’ ‘A fascinating and thought-provoking compilation for anyone interested in property. The Research Handbook asks difficult questions and provides many answers, leaving plenty of scope for contributors to develop new arguments and ideas. A highly rewarding read for anyone interested in property research and practice.’ ‘This indispensable Research Handbook brings together an extraordinary group of property scholars from around the world. The result is a richly stimulating volume that traces property thought from its origins and first principles to its urgent contemporary applications and controversies.’