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A Liberal Theory of Property (Hardcover)
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A Liberal Theory of Property (Hardcover)
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Property enhances autonomy for most people, but not for all.
Because it both empowers and disables, property requires constant
vigilance. A Liberal Theory of Property addresses key questions:
how can property be justified? What core values should property law
advance, and how do those values interrelate? How is a liberal
state obligated to act when shaping property law? In a liberal
polity, the primary commitment to individual autonomy dominates the
justification of property, founding it on three pillars: carefully
delineated private authority, structural (but not value) pluralism,
and relational justice. 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. The book shows how the three pillars of liberal
property account for core features of existing property systems,
provide a normative vocabulary for evaluating central doctrines,
and offer directions for urgent reforms.
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