To Bestow Stability Upon Possession' Hume's Alternative to Locke
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Description
This chapter proposes a shift in emphasis from Locke and Lockean-type theories of the foundation of property rights, to Hume. It argues that while both are bottom-up theories, Hume’s, like the pure force/last occupancy theory, is much less morally demanding and much less demanding of historical information, than Nozickian theories. Unlike the pure force/last occupancy theory, however, Hume’s has some claim to offer a justificatory, even a moral account. It is morally less demanding than Locke’s theory, but it is a moral account nonetheless. The chapter then sets out the main features of Hume’s account of property.
First Page
1
Source Publication
Philosophical Foundations of Property Law
Source Editors/Authors
James Penner, Henry E. Smith
Publication Date
2013
Publisher
Oxford University Press
Recommended Citation
Jeremy Waldron,
To Bestow Stability Upon Possession' Hume's Alternative to Locke,
Philosophical Foundations of Property Law
1
(2013).
Available at:
https://gretchen.law.nyu.edu/fac-chapt/1566
