Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

Gregory S Alexander

Property

Articles 1 - 2 of 2

Full-Text Articles in Law

Michelman As Doctrinalist, Gregory S. Alexander Dec 2014

Michelman As Doctrinalist, Gregory S. Alexander

Gregory S Alexander

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander Dec 2014

Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander

Gregory S Alexander

Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …