Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-19T12:29:27.683Z Has data issue: false hasContentIssue false

3 - Hegelian Property Theory

Published online by Cambridge University Press:  05 June 2012

Gregory S. Alexander
Affiliation:
Cornell University School of Law
Eduardo M. Peñalver
Affiliation:
Cornell University School of Law
Get access

Summary

Probably less familiar and perhaps less intuitive than theories based on liberty and utility, or welfare, is a third strand of property thought. This line of thinking about property steers away from the social contract-based individual rights of libertarianism as well as an emphasis on aggregate social utility or welfare which seemingly sacrifices concern for the individual. Instead, it focuses our attention on the ways in which property contributes to development of the self, or personality.

This chapter will examine the personality theory in both its classical and modern iterations. We begin with a brief and necessarily truncated account of Georg W. F. Hegel’s theory, commonly considered the source of property theories that stress property’s role in self-realization. We then turn to a modern variation of the personality theory, Margaret Jane Radin’s “personhood” theory. Radin’s theory owes certain elements to Hegel, but her theory differs from the classical personality in several important respects. Finally, we will evaluate both versions of the personality theory, identifying some problems and discussing ways in which Hegel’s and Radin’s theories make valuable contributions to understanding property as a concept and as an institution.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Berlin, Isaiah 1969
1978

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×