Private and Common Property, Volume 3
First published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is as broad as law itself. Lawyers must have recourse to the grand principles of economic and social thought, but tempered with an awareness of how the novel circumstances of an individual case can call into question some of the elements of the grandest of theories. In this volume, therefore, the emphasis is as much on the points that separate different forms of property as it is on the conceptual theme that links all forms of property rights together.
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Table des matières
Classical Foundations of Liberty and Property
The New Property
The Nature and Function of the Patent System
Common Law Intellectual Property and the Legacy
Possession as the Root of Title
Property in Land
On the Optimal Mix of Private and Common Property
Private and Common Property
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Expressions et termes fréquents
action activities adverse possession allow American apply argument authority benefits broadcasting City claim collective commerce Commission common concerned contract costs courts create custom customary decision denied discussion doctrine easement economic effect efficiency established example exclusive existing fact Federal fields fishing force forms frequencies function given grant hands held important individual industry institutions interest invention involved issue labor land largess less license limited means natural operation organized original owner ownership particular patent patent system persons position possession possible practice present private property privilege problem property rights protection public trust question radio reason regime regulation roads rules social society standard stations suggested suppose supra note text accompanying notes theory things tion United wealth