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The Psychology of Property Law

2020-02-25 Psychology
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Release : 2020-02-25
Genre : Psychology
Kind : eBook
Book Rating : 500/5 ( reviews)

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Book Synopsis The Psychology of Property Law by : Stephanie M. Stern

Download or read book The Psychology of Property Law written by Stephanie M. Stern. This book was released on 2020-02-25. Available in PDF, EPUB and Kindle. Book excerpt: Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Introduction to the Special Issue on Psychology and Property

2009
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Release : 2009
Genre :
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Book Synopsis Introduction to the Special Issue on Psychology and Property by : Jeremy A. Blumenthal

Download or read book Introduction to the Special Issue on Psychology and Property written by Jeremy A. Blumenthal. This book was released on 2009. Available in PDF, EPUB and Kindle. Book excerpt: I briefly introduce a Special Issue on the psychological study of property law, theory, and doctrine. The Issue builds on a 2008 Panel at the annual American Psychology/Law Society Conference that brought together legal academics, psychologists, and policy-makers working at the crossroads of psychology and property. Our goal is to lay the groundwork for a mutually beneficial relationship between legal psychologists and property scholars. In this Introduction I preview the Issue's four Articles, which review or present original empirical research in four areas: the psychology of quot;home;quot; intuitions about first possession and ownership; how individuals see property rights in art; and whether notions of ownership rights change simply because of how quot;propertyquot; is defined. Our goal is to prompt empirical research in four broad areas with implications for property law, theory, and policy: (1) What benefits emerge from a psychological view of property law, and what questions can the law give to empirical researchers? (2) Does property law reflect lay intuitions, and does empirical research support black-letter law? (3) Are views of property and ownership innate? (4) Are those views malleable; if so, with what policy implications?

The Psychology of Property Law

2020-02-25 Psychology
Download The Psychology of Property Law PDF Online Free

Author :
Release : 2020-02-25
Genre : Psychology
Kind : eBook
Book Rating : 898/5 ( reviews)

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Book Synopsis The Psychology of Property Law by : Stephanie M. Stern

Download or read book The Psychology of Property Law written by Stephanie M. Stern. This book was released on 2020-02-25. Available in PDF, EPUB and Kindle. Book excerpt: Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Philosophical Foundations of Property Law

2013-11-28 Law
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Release : 2013-11-28
Genre : Law
Kind : eBook
Book Rating : 523/5 ( reviews)

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Book Synopsis Philosophical Foundations of Property Law by : James Penner

Download or read book Philosophical Foundations of Property Law written by James Penner. This book was released on 2013-11-28. Available in PDF, EPUB and Kindle. Book excerpt: Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

The Idea of Property in Law

1997 Property
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Release : 1997
Genre : Property
Kind : eBook
Book Rating : 295/5 ( reviews)

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Book Synopsis The Idea of Property in Law by : James E. Penner

Download or read book The Idea of Property in Law written by James E. Penner. This book was released on 1997. Available in PDF, EPUB and Kindle. Book excerpt: In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

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