Property's Sovereignty

Theoretical Inquiries in Law, Forthcoming

45 Pages Posted: 23 Oct 2015

See all articles by Larissa M. Katz

Larissa M. Katz

University of Toronto - Faculty of Law

Date Written: October 21, 2015

Abstract

This paper shows how property rights might be fundamental to the very nature of our legal order while admitting that the modern realities of taxation, regulation, and expropriation are not attacks on property rights as such. By distinguishing between a principle of sovereignty, which I argue constitutes the core authority of owners, and a principle of accession, which I argue regulates the distribution of benefits and burdens attached to the position, we can see how this is so. Attacks on property rights as such would be, rather, acts by the state that deny the basic sovereign authority of owners, by subordinating owners to the private choices of others.

Suggested Citation

Katz, Larissa M., Property's Sovereignty (October 21, 2015). Theoretical Inquiries in Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2677273

Larissa M. Katz (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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