Private Ownership and the Standing to Say So
Tel Aviv University - Buchmann Faculty of Law
September 6, 2013
University of Toronto Law Journal, 2014, Forthcoming
Property theory is an ongoing discourse attempting to articulate a compelling answer (or answers) to the following question: what is the single most significant or otherwise interesting thing about the concept of private ownership? In this article, I seek to advance three general claims in response to this question. First, I criticize certain leading attempts to answer this question. Second, the centerpiece of my article defends the claim that an adequate theory of the concept of private ownership must begin with the special standing that an owner possesses, which is to say the standing to demand that others will take the owner as reason-providing for them. Third, I argue that private ownership occupies an important place in between the public and the pre-political: One the one hand, private ownership reflects a genuinely private-law institution; and, on the other, it is a distinctive creature of the political order.
Number of Pages in PDF File: 32
Keywords: Ownership, standing, recognition, Rousseau on Property, Kant, private and public law
JEL Classification: K10, K11
Date posted: September 8, 2013 ; Last revised: September 9, 2013
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