The Idea of Property in Law

This book offers a fresh perspective on property law, challenging traditional views and emphasizing the significance of sharing and giving in ownership.

In The Idea of Property in Law, author Penner explores the intricate relationship between property and the legal system. He meticulously examines how property is embedded within a complex framework of rules, rights, and powers that govern legal interactions. Unlike traditional views that often conflate property with contract, Penner emphasizes the importance of sharing and giving as fundamental aspects of property, while challenging the notion that the right to sell is central to our understanding of ownership.

Penner critiques the conventional conception of property as a 'bundle of rights,' which includes rights to possess, use, and destroy. He argues that this perspective is inadequate, as it fails to capture the essence of legal relationships surrounding property. Instead of merely cataloging rights, he seeks to identify which rights are truly pivotal in defining property relations. This thoughtful analysis leads to a more nuanced understanding of property that transcends simplistic categorizations.

By delving into property rules, rights, and the interests they protect, The Idea of Property in Law presents an alternative interpretation that enriches the discourse on property within the legal context. Penner's work not only contributes to legal scholarship but also invites readers to reconsider how property functions in society. This book was honored with the 1997 SPTL first prize for Outstanding Legal Scholarship.