Against Individualistic Justifications of Property Rights

Citation

Cruft R (2006) Against Individualistic Justifications of Property Rights. Utilitas, 18 (2), pp. 154-172. https://doi.org/10.1017/S0953820806001968

Abstract
In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.

Keywords
; Human rights; Right of property; Intellectual property Philosophy

Journal
Utilitas: Volume 18, Issue 2

People

Professor Rowan Cruft

Professor, Philosophy