Canadian Legal Studies Series Persons And Property In Private Law

Persons and Property in Private Law is an edited collection of cases and writings that presents the fundamental building blocks of private law: Who can be a legal person (capable of autonomous legal action and ownership)? What is legal property (as a bundle of rights and obligations)? This book brings together materials from the classic — Blackstone’s Commentaries, showing the roots of private law in the organization of the common law; and the contemporary — Christopher Stone’s pieces on tree’s rights and Maude Barlow’s plea for national water policy, illustrating the conflicts between human and nature over rights and obligations. Divided into six parts in this new edition, Part I introduces concepts of “legal persons” and property and the concept of the possessive (and autonomous) individual in private law; Part II examines the concept and functions of a property system; women, corporations, and partial persons such as children and persons with development disabilities; Part III returns to the study of Persons (and the concept of legal personality) but in more depth, and in Part IV, focus is shifted to the capacities of legal persons (who are humans) with respect to their own bodies. Issues with vulnerable groups (children, persons with developmental disabilities, and pregnant women) are observed. Parts V and VI will turn to the relations of exchange between persons and property. In Part V, the central question is: do people own their bodies (or body parts); if so, can they sell their bodies (or body parts)? In Part VI, the discussion turns to the contemporary debates and legal developments over giving legal person status to elements of the eco-systems. With a wide selection of materials (over 100 excerpts from articles, legislation, and cases), this book shows students the diverse and stimulating topics in the study of persons and property.