Metaphysical Right and Practical Obligations

16 Pages Posted: 24 Apr 2018

See all articles by Adam MacLeod

Adam MacLeod

Faulkner University - Thomas Goode Jones School of Law

Date Written: 2017

Abstract

Richard Weaver was correct. Property jurisprudence in the last two decades has vindicated Weaver’s claim that property is the last metaphysical right. But Weaver was correct insofar as he had in mind a common-law property right. The lesson of the last three decades is that property is the last metaphysical right because and insofar as property dominion is the last pre-political source of obligation. The priority of property rights is rooted in the common law of wrongs. Because we have pre-political duties, we have pre-political liberties. Liberty grows out of a million discrete legal duties, each of those duties correlating exactly with the right of a human being, a moral agent, a possessor of practical reason.

Remarks delivered at the Spring 2017 meeting of the Philadelphia Society in Dallas, Texas.

Keywords: property, rights, duties, wrongs, rights theory, property theory

Suggested Citation

MacLeod, Adam, Metaphysical Right and Practical Obligations (2017). University of Memphis Law Review, Vol. 48, 2017. Available at SSRN: https://ssrn.com/abstract=3156628

Adam MacLeod (Contact Author)

Faulkner University - Thomas Goode Jones School of Law ( email )

Montgomery, AL 36109
United States

HOME PAGE: http://https://www.faulkner.edu/faculty/adam-j-macleod/

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