“In A Liberal Theory of Property (Cambridge, SSRN), I argue that in a liberal polity the primary commitment to individual autonomy, which must dominate property’s justification, also shapes its constitution and thus grounds its most fundamental legal contours. Property both empowers people and disables them, enhances their self-determination while also rendering them vulnerable. Therefore, property requires constant vigilance. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people’s opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. Appreciating both property’s autonomy-enhancing service and the vulnerabilities it generates is key to the three pillars of liberal property – the features that distinguish it from property simpliciter – carefully delineated private authority, structural pluralism, and relational justice …” (part 1, part 2)
[Hanoch Dagan, LPE Project, 3-4 February]
First posted 2021-02-04 12:49:34
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