James Penner – författare

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 to effectively 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.

Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing between the `practice' of property and the `practice' of contract is essential for a proper understanding, but the failure to do so is common. As the author shows, it mars both Locke's and Hegel's philosophies of property, and continues to contribute to confusion. It also obscures the central element of sharing and giving in the ownership of property, the important of which has been generally neglected. Perhaps most controversially, the author argues that the justification of the right to property is not dependent on the justice of the reigning distribution of property–that is a question which concerns the justice of the economy–gift, command, market, or mixed–that distributes all values, not just rights in property. The important `distributional' question about property is this: to what values does the property practice apply? Why does it apply to castles and cars, books and bank balances, but not to our body parts and our labour, nor to our employment contracts and our sexuality? In answer the author develops a distinction between persons and our personality-rich relationships which cannot be objects of property, and `things', both land and objects and personality-poor relationships like debts, which can.

This collection of essays brings together leading experts with emerging scholars from different common law jurisdictions to deal with foundational questions about the relationship between property and contract. The volume is structured in five parts: forms of property; contract and conveyance; institutions; structure of private law; and theories of contract.Some essays focus in on specific institutions along the property contract interface, including bailments, leases, security interests, and trusts, as well as the role of contract in property transfer. Others use the lens of property and contract to analyse debt, money, and choses in action. Overall, the essays exemplify the vigour of scholarship in this area and point to further directions for deepening our understanding of the property-contract interface.

The Law Student's Dictionary is an invaluable reference work for all law students. The terms have been chosen with the specific needs of the undergraduate student in mind, providing a full insight into legal terminology and ensuring students are familiar with terms they will encounter during their studies.The dictionary includes substantial entries on core student topics which outline the conceptual importance of key areas, to give students an idea of how these terms have been shaped by, and in turn shape, how lawyers think. Some older terms are also included, as although they are not used to frame the current law, students will come across them in the course of their studies and they are of historical significance. The text features cross-referencing of terms and definitions, giving students the opportunity to expand and contextualise their knowledge, and the material is presented in a new two-colour page design, which allows for quick and easy navigation.

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

Fully updated and revised by James Penner and Emmanuel Melissaris, McCoubrey & White's Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware of the subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular this text centres around one of the leading theorists, H.L.A Hart, and considers the landscape of jurisprudence in relation to his seminal The Concept of Law, looking at the key ideas which influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Hobbes, Kant, and Rawls.Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course.

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.

Pinks, Pansies, and Punks charts the construction of masculinity within American literary culture from the 1930s to the 1970s. Penner documents the emergence of "macho criticism," and explores how debates about "hard" and "soft" masculinity influenced the class struggles of the 1930s, anti-communism in the 1940s and 1950s, and the clash between the Old Left and the New Left in the 1960s. By extending literary culture to include not just novels, plays, and poetry, but diaries, journals, manifestos, screenplays, and essays on psychology and sociology, Penner unveils the multiplicity of gender attitudes that emerge in each of the decades he addresses.

Today’s relentless, consumer culture—dominated by popular media’s emphasis on bigger, better, and more, and catering to teenagers’ every want and desire—is leaving our youth adrift in a sea of conflicting messages. Messages that youth workers and faith communities need to decode and redirect from consumption as the primary purpose of youth. Consuming Youth explores the shifts needed to move from the fragmented, isolated and consumer driven story for youth and towards a more compelling story of meaning, purpose and a life lived differently than the one served up by consumer culture. If you’re involved in the lives of teenagers, whether as a youth pastor, youth worker, volunteer, church leader, parent, or students of youth ministry, you’ll want to read this book to discover how a culturally invented and socially accepted version of adolescence, sustained by consumer culture, has shaped youth work and through the suggestions offered work together to discover ways in which you can re-imagine youth ministry and what it means to be a teenager.

This book provides an accessible introduction to jurisprudence and legal theory. It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern ones such as Feminist Theory, Economic Analysis of Law and Foucault and Law, _ The book is designed for students of jurisprudence and legal theory, but it will also assist those studying law and legal systems within courses on Political Science, Philosophy and Sociology.

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts:The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning.The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning.The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.