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.
Source Publication
Philosophical Foundations of Property Law
Source Editors/Authors
James Penner, Henry E. Smith
Publication Date
2013
Recommended Citation
Waldron, Jeremy, "To Bestow Stability Upon Possession' Hume's Alternative to Locke" (2013). Faculty Chapters. 1566.
https://gretchen.law.nyu.edu/fac-chapt/1566
