Essay In Legal New Political Property Theory

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“ Law, liberty, and property are an inseparable trinity.” — F. Hayek[1] “ The world has never had a good definition of the word liberty, and the American people ... We all declare for liberty; but in using the same word we do not all mean the same thing...

Here are two, not only different, but incompatible things, called by the same name—liberty.” — Abraham Lincoln[2] The problem that faces us is two-fold.

Habeas corpus, for example, could never exist without a previously defined property right as to the area we are to be held without trial, and the area to which we are unjustly removed from.

Rand (1964, 93) may have said it best, “[t]here is no such dichotomy as “human rights” versus “property rights.” No human right can exist without property rights.”[5] There exists an undeniable link between property and our lives.

From such a short passage as opens the Declaration, however, stems an imperative debate as to the true origin of rights.

The mention of Life and Liberty suggests the import stressed on what today are called the human rights.

Hegel (2001,59) may have phrased it most appropriately: In property my will is personal...

Since property gives visible existence to my will, it must be regarded as “this” and hence as “mine.” This is the important doctrine of the necessity of private property.

Rothbard provided the example of an individual’s right to free speech in the case of falsely yelling “ FIRE” in a crowded theatre.

The fact that an individual has no right to do this is not a limitation on their right to free speech.


Comments Essay In Legal New Political Property Theory

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    Jul 8, 2015. A New Republic of Letters · American Political Thought Journal · Videos, Syllabi, Essays, and Links. Writing for the Library of Law & Liberty, George Mason University. This essay thus details how a moral theory that justifies the right to. This is John Locke's property theory, and while his property theory is.…

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