Property: Mainstream and Critical PositionsC.B. MacPherson University of Toronto Press, 15. 12. 1999. - 210 страница The legitimate role of the state in relation to property and the justification of property institutions of various kinds are matters of increasing concern in the modern world. Political and social theorists, jurists, economists, and historians have taken positions for and against the property institutions upheld in their time by the state, and further dehate seems inevitable. This book brings together ten classic statements which set out the main arguments that are now appealed to and places them in historical and critical perspective. The extracts presented here – all substantial – are from Loeke, Rousseau, Bentham, Marx, Mill, Green, Veblen, Tawney, Morris Cohen, and Charles Reich. A note hy the editor at the head of each extract highlights the arguments in it and relates it to the time at which it was written. Professor Macpherson's introductory and concluding essays expose the roots of some common misconceptions of property, identify current changes in the concept of property, and predict future changes. Macpherson argues that a specific change in the concept (which now appears possible) is needed to rescue liberal democracy from its present impasse. Property is both a valuable text on a crucial topic in political and social theory and a significant contribution to the continuing debate |
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... facts differently. The facts about a man-made institution which creates and maintains certain relations between people – and that is what property is – are never simple. Since the institution is man-made, it is assumed to have been made ...
... fact that we need some such term as 'common property,' to distinguish such rights from the exclusive individual rights which are private property, may easily lead to our thinking that such common rights are not individual.
... fact that the state creates the right make the right the property of the state. In both cases what is created is a right of individuals. The state creates the rights, the individuals have the rights. Common property is created by the ...
... fact the persons who are acknowledged by the citizens to have the right to command them. This was more obviously true of the state before the rise of democracy – Louis XIV could say, not unrealistically, 'I'état, c'est mof' – but it is ...
... fact what is offered, and what constitutes the property, is the legal title, the enforceable exclusive right, to or in the tangible thing. This is more obvious in the case of a lease, where the right is to the use of the thing for a ...