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Law and Society

2014

Gregory S Alexander

Social obligation norm of property

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Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander Dec 2014

Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander

Gregory S Alexander

Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Essay contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic nor simple. Rather, it is inclusive and comprises multiple values. Those values, the content of human flourishing, derives, at least in part, from an understanding of the sorts of beings we are―social and political. A consequence of this conception of the human condition is that the values that constitute human …