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2 results

  • 4 - Property’s Structural Pluralism

  • Hanoch Dagan
  • Book:
    A Liberal Theory of Property
    Published online:
    04 March 2021
    Print publication:
    15 April 2021, pp 79-113

  • Summary

    Imagine a proposal for legal reform aiming to simplify and clarify property law, which recommends the adoption of two simple rules. The first rule prescribes that owners have an in rem right to exclude. The second empowers owners (if more than one) contractually to set up their own governance regime. This bill would obviously be radically incomplete, but is that all that is wrong with it? We could think of convenient additions, but is there anything fundamentally necessary still missing for this bill to constitute at least the core of a property regime in a liberal polity?

  • 1 - Liberal Property

  • Hanoch Dagan
  • Book:
    A Liberal Theory of Property
    Published online:
    04 March 2021
    Print publication:
    15 April 2021, pp 1-12

  • Summary

    A long tradition in Western political thought connects property and liberalism. John Locke is probably the most familiar liberal theorist to give property a place of honor in his account of the state. But Locke, whose property theory is fraught with difficulties, is certainly not the only one. The right to property is often understood as one of the necessary implications of the status of individual natural persons as free and equal, which may explain its inclusion in the Universal Declaration of Human Rights.