Author: Sean Coyle
Publisher: Hart Publishing
Release Date: 2004
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.
Author: James Penner
Publisher: Oxford University Press
Release Date: 2013-11
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.
Author: Adam Moore
Release Date: 2017-09-04
Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, Intellectual Property and Information Control provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property.As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.
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.
Author: John Oberdiek
Publisher: Oxford University Press
Release Date: 2014-02
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author: Lawrence C. Becker
Release Date: 2014-06-17
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.
Author: Andrew S. Gold
Publisher: OUP Oxford
Release Date: 2014-08-14
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Author: James Penner
Publisher: Cambridge University Press
Release Date: 2018-08-31
Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.
Author: Mohammad Amin Naser
Publisher: Cambridge Scholars Publishing
Release Date: 2009-12-14
This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.