Book Launch – Property Rights: A Re-Examination

Professor James Penner (Kwa Geok Choo Professor of Property Law, NUS Law) launching his book titled, ‘Property Rights: A Re-Examination’

The Centre for Legal Theory (CLT) at NUS Law hosted a book launch on 25 March 2020 for the book “Property Rights: A Re-Examination” by Professor James Penner, Kwa Geok Choo Professor of Property Law, NUS Law. Professor Simon Chesterman, Dean of NUS Law, gave his welcome and introduction followed by commentary from Professor Andrew Halpin, Director of the Centre for Legal Theory, and Ms Hu Ying, Lecturer, NUS Law. Following responses from the author, the floor was opened to general discussion.

About The Book
Ranging over a host of issues, “Property Rights: A Re-Examination” pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld’s concept of ‘multital’ jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner’s liberty to use her property and her ‘right to exclude’, with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use – or usufructory-right.  Part 3 concludes by addressing the ever-vexed question of property rights in land.

About The Author
Professor James Penner is the Kwa Geok Choo Professor of Property Law at NUS Law. He previously taught at Brunel University, the London School of Economics, King’s College London, and University College London. He joined NUS Law in 2013 and was the Vice Dean (Research) from 2014 to 2018. He has established himself as one of the world’s leading experts in the philosophy of property and the law of trusts, and writes widely in the areas of private law and the philosophy of law. He has been a visiting professor in China, Canada, Belgium, Australia, and the United States.

Welcome & introduction by Professor Simon Chesterman (Dean, NUS Law)

Comments from Professor Andrew Halpin (Director, Centre for Legal Theory)

Comments from Ms Hu Ying (Lecturer, NUS Law)

Professor James Penner responding to comments

Book launch participants

Questions from Professor Damian Chalmers (NUS Law)

Questions from Assistant Professor Tan Zhong Xing (NUS Law)

Book signing by Professor James Penner

L-R: Professor Andrew Halpin (Director, Centre for Legal Theory), Ms Ying Hu (Lecturer, NUS Law), Professor James Penner (NUS Law) & Professor Simon Chesterman (Dean, NUS Law)