The Construction of Property Norms, Institutions, Challenges

The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.

Introduction; Part I. Structural and Institutional Foundations: 1. Property as a legal construct; 2. Rules and standards: an institutional analysis of property; Part II. Spectrum of Property Regimes: 3. Private-common-public: the promise of property hybrids; Part III. Protagonists of Property: Beyond Individual and State: 4. How property can create, maintain, or destroy community; 5. The corporation as a nexus of property; 6. Eminent domain, incorporated; Part IV. The Global Challenges of Property: 7. Can land law go global?; 8. BITs and pieces of property.

Amnon Lehavi is the Atara Kaufman Professor of Real Estate at the Radzyner School of Law and Academic Director of the Gazit-Globe Real Estate Institute, Interdisciplinary Centre (IDC) Herzliya, Israel.