It's Not Personal: Social Obligations in the Office of Ownership

24 Pages Posted: 12 Feb 2020

See all articles by Larissa M. Katz

Larissa M. Katz

University of Toronto - Faculty of Law

Date Written: January 17, 2020

Abstract

In this paper, I suggest that property has an institutional or political morality from which the social purposes of property—and the form appropriate to it—may be derived. An institutional or political morality identifies the norms that are required for an institution to play its part within a constitutional order that meets the requirements of justice and legality. I contrast this approach with a strand of progressive property theory, developed in Gregory Alexander's PROPERTY AND HUMAN FLOURISHING, that grounds a thick social-obligation norm in property law in interpersonal morality rather than institutional or political morality.

Keywords: Property, Progressive Property, Social Obligations, Duguit, Legal Philosophy, Jurisprudence, Private Law, Law and Society, Contract

Suggested Citation

Katz, Larissa M., It's Not Personal: Social Obligations in the Office of Ownership (January 17, 2020). Cornell Journal of Law and Public Policy, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3521388 or http://dx.doi.org/10.2139/ssrn.3521388

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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