Property and justice : a liberal theory of natural rights

書誌事項

Property and justice : a liberal theory of natural rights

Billy Christmas

(Political philosophy for the real world)

Routledge, 2021

  • : hbk

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注記

Includes bibliographical references (p. [163]-181) and index

内容説明・目次

内容説明

This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one's person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.

目次

Introduction 1 Property and Justice 1 Original Acquisition: Connecting Property to Personhood 3 Beyond Private Property 5 Natural Rights and Social Conventions 8 The Not-So-Minimum Content of Natural Rights 9 The Theory 11 1 The Form of Justice 16 Introduction 16 The Circumstances of Justice and Deontology 17 Individual Rights 22 Compossibility 24 Conclusion 32 2 The Substance of Justice 37 Introduction 37 The Right to Non-Interference in Our Non-Interfering Actions 37 The One and Only Right 43 Kinds of Interference 45 Self-Ownership 48 Necessity 51 Conclusion 54 3 Original Acquisition 59 Introduction 59 Use, Exclusion, and Ownership 60 Extended Activity 68 Contra Labour-Mixing 73 Abandonment and Transfer 77 Conclusion 81 4 The Commons 87 Introduction 87 Liberty and Property After Ostrom 88 Public Property 94 Collective Property 95 Conclusion 99 5 The Limits to Appropriation 103 Introduction 103 Necessity, Revisited 103 Against Engrossment 107 Against Intellectual Property 109 Intellectual Property as Ownership of Ideas 109 Intellectual Property as Usufruct 111 Conclusion 114 6 Against the Proviso 118 Introduction 118 Nozick's Proviso 119 The Egalitarian Proviso 126 Internal Accounts of the Provisos 129 Conclusion 131 7 Intentions and Conventions 135 Introduction 135 Intentions: Public and Private 136 Conventions: Constitutive and Regulative 145 Natural Rights and Social Change 152 Conclusion 155 Conclusion: Natural Rights and Liberal Politics 158

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