“In chapter 7 of A Liberal Theory of Property, Professor Dagan offers an account of justice in the design of markets that draws on his broader account of the core legal institutions that underpin the notion of a market: property and contract. Since both institutions are facilitative of the demands of autonomy as self-determination or ‘self-authorship’, we can evaluate the justice or injustice of any market norm on the basis of whether it facilitates autonomy in this sense. In this comment on the chapter, I focus on one dimension of Dagan’s account of autonomy as self-authorship – the view that it entails both the freedom to commit to a particular story of one’s life and the freedom to ‘discard one story and begin another’ – and explore its connection to the core market freedom to sell, or refuse to sell, what one owns …”
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Aruna Nair, Property and Autonomy in the Marketplace: Freedom to Sell as Freedom of Exit, King’s Law Journal, https://doi.org/10.1080/09615768.2022.2034591. Published online 20 March.
First posted 2022-03-22 18:00:22
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