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Univ. of Kentucky College of Law

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Wednesday, April 13, 2011

Dorfman on Private Property's Conflicting Views of Freedom

dorfman Avihay Dorfman (Tel Aviv) has posted Private Property and the Demands of Respectful Recognition on SSRN.  Here's the abstract:

This article explores the normative implications of an analytical mismatch between two ideas of freedom that arise in connection with private ownership. First, within limits, owners enjoy the freedom to deploy their objects as they see fit. And second, modern liberal societies sustain freedom-to by protecting property owners’ freedom from the interference of others. The mismatch arises because freedom-from is not an analytic feature of freedom-to. This article seeks to show that, rather than morally arbitrary, this mismatch is in fact a defining feature of the distinctively social form that private ownership takes.

Steve Clowney

http://lawprofessors.typepad.com/property/2011/04/dorfman-on-private-propertys-conflicting-views-of-freedom.html

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