Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Gregory S. Alexander, Eduardo M. Peñalver ... in Publication data Alexander, Gregory S., 1948– An Introduction to Property Theory / Gregory S. Alexander, Eduardo M. Peñalver. pages cm. ... I. Peñalver, Eduardo Moisés, 1973– II.
John H. Evans, “Future Vision in Transhumanist Writings and the Religious Public,” in Perfecting Human Futures: Transhuman Visions and Technological Imaginations, ed. J. Benjamin Hurlbut and Hava Tirosh-Samuelson (Wiesbaden, ...
Soja (2010) goes as far to say an inability to participate in decisions relating to community space, contributes to geography of injustice as a result of urban planning and private property rights. Given health and human flourishing in ...
Far from offering a thin patina of "niceness" spread over standard educational philosophy, Steven Loomis and Paul Spears set forth a vigorous Christian philosophy of education that seeks to transform the practice of education.
To answer these questions—and more—this volume brings to bear some of history’s greatest thinkers, interpreted by some of today’s leading scholars of their thought.
This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright.
This book therefore examines what is meant by human flourishing and see what it has to offer for those seeking after truth, meaning and purpose.
ʼ M. J. Radin, ʻThe Colin Ruagh Thomas OʼFallon Memorial Lecture on Reconsidering Personhoodʼ (1995) 74 Oregon Law Review 423, 429–30. 114 Radin, ʻThe Colin Ruagh Thomas OʼFallon Memorial Lectureʼ (n 113), 426.
RELIGION AND THE HOMOSEXUALITY DEBATE Kenya is a country where gay people suffer persecution and discrimination.33 Religion has overwhelmingly influenced how gay sex is perceived and how the gay people are treated in the Kenyan ...