Adam MacLeod, ‘What Makes Property Liberal?’

Hanoch Dagan, A Liberal Theory of Property, Cambridge: Cambridge University Press, 2021, 319pp, pb £26.99. Hanoch Dagan is offering to help an institution that is in the midst of an identity crisis. For many centuries, property has found its identity in service to liberty. Liberty – both broadly construed as a practical ideal and in the technical sense of a Hohfeldian right that is the absence of duty – stood for independence from outside interference and freedom to act upon one’s own plans of action for the use and management of resources, individually and in community with those who share the same common goods. Though many people still think liberty in that sense is important, that idea of liberty is now passé in certain academic circles. Equality and personal autonomy are held up as more pressing concerns. A Liberal Theory of Property is written to recover property’s liberal identity by grounding it on principles that might meet less resistance in scholarly discourse … (more)

Adam J MacLeod, ‘What Makes Property Liberal?’, Modern Law Review, First published: 16 July 2021.

First posted 2021-07-19 08:00:28

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