Léon Duguit and the Social Obligation Norm of Property: A Translation and Global Exploration

ISBN-13: 9789811371882 / Angielski / Twarda / 2019 / 419 str.

Paul Babie; Jessica Viven-Wilksch

Spis treści

Introduction.- Part I – English Translation of Léon Duguit’s 1920 Buenos Aires lecture ‘propriété function sociale’.- Part II – The Importance of the Social Function of Property.- A. Civil Law Jurisdictions.- Chapter 1 – France.- Chapter 2 – Ukraine.- Chapter 3 – Norway.- Chapter 4 – China.- Chapter 5 – Colombia.- Chapter 6 – Brazil.- Chapter 7 – North Africa.- Chapter 8 – Quebec.- Chapter 9 – Louisiana.- B. Common Law Jurisdictions.- Chapter 10 – United States.- Chapter 11 – Canada.- Chapter 12 – Australia.- Chapter 13 – Conclusion.

O autorze

Paul Babie is Professor of Law at The University of Adelaide, Associate Dean of Law (Research) of the Adelaide Law School, Associate Dean (Research) of the Faculty of the Professions, and Director of the Research Unit for the Study of Society, Law and Religion (RUSSLR) (which he founded in 2007). He is a Barrister and Solicitor (inactive) of the Court of Queen’s Bench of Alberta (Canada), and an Associate Member of the Law Society of South Australia. His primary research interests include critical theory, private law theory, property theory, and liberation theology and religious legal systems. He has published and spoken extensively in these fields and he teaches property law, property theory, law and religion, and Roman law.

Jessica Viven-Wilksch is Lecturer at the Adelaide Law School, The University of Adelaide. Her research focusses on comparing doctrines in commercial law, with the aim of finding ways to provide better protection to consumers and small businesses and improve confidence in contractual parties to trading internationally. She also researches contracts, EU law, comparative law, private international law, and legal theory.

Blurb

This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally.

The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.