Ownership and Social Solidarity

25 Pages Posted: 13 Feb 2016

See all articles by Larissa M. Katz

Larissa M. Katz

University of Toronto - Faculty of Law

Date Written: 2011

Abstract

The article considers what Kant’s theory of property contributes to contemporary property theory. I argue that by drawing our attention to a new set of questions concerning the basis of the state’s authority, a Kantian approach provides an important alternative to the dominant instrumentalist approach to the moral problems that private ownership introduces (specifically, the problems of poverty and dependence). I consider the extent to which the Kantian framework is normative appealing. After raising a number of objections to the Kantian division of labor in response to the problem of material dependence, I suggest a way to restore some harmony between the rights of owners and the interests of others within a Kantian framework.

Keywords: Property, Kant, Legal Theory, Rights

Suggested Citation

Katz, Larissa M., Ownership and Social Solidarity (2011). Legal Theory, Vol. 17, 2011, Available at SSRN: https://ssrn.com/abstract=2731337

Larissa M. Katz (Contact Author)

University of Toronto - Faculty of Law ( email )

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
224
Abstract Views
775
Rank
280,829
PlumX Metrics