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Léon Duguit and the Social Obligation Norm of Property

A Translation and Global Exploration

  • Book
  • © 2019

Overview

  • Provides the first English translation of Léon Duguit’s highly influential 1911 Buenos Aires lecture on the social function of property (propriété function sociale)

  • Contextualises the social function of property in the common law and civil traditions

  • Offers insights from the leading international scholars in the common law and civil traditions on the social function of property

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Table of contents (16 chapters)

  1. English Translation of Léon Duguit’s 1920 Buenos Aires Lecture ‘propriété fonction sociale’ by Jessica Viven-Wilksch

  2. The Importance of the Social Function of Property—Europe

  3. The Importance of the Social Function of Property—North America

  4. The Importance of the Social Function of Property—Australia, Africa and Asia

Keywords

About this book

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.

Editors and Affiliations

  • Adelaide Law School, The University of Adelaide, Adelaide, Australia

    Paul Babie, Jessica Viven-Wilksch

About the editors

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.

Bibliographic Information

  • Book Title: Léon Duguit and the Social Obligation Norm of Property

  • Book Subtitle: A Translation and Global Exploration

  • Editors: Paul Babie, Jessica Viven-Wilksch

  • DOI: https://doi.org/10.1007/978-981-13-7189-9

  • Publisher: Springer Singapore

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer Nature Singapore Pte Ltd. 2019

  • Hardcover ISBN: 978-981-13-7188-2Published: 19 September 2019

  • Softcover ISBN: 978-981-13-7191-2Published: 19 September 2020

  • eBook ISBN: 978-981-13-7189-9Published: 07 September 2019

  • Edition Number: 1

  • Number of Pages: XVIII, 419

  • Number of Illustrations: 2 b/w illustrations

  • Topics: Theories of Law, Philosophy of Law, Legal History

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