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5 - Nonegalitarian Coercion

Published online by Cambridge University Press:  14 November 2024

Terry Skolnik
Terry Skolnik
Affiliation:
University of Ottawa
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Summary

This chapter explains why the State has greater power to regulate and police unhoused persons compared to people with access to housing. It shows how and why the State has more power to regulate need-alleviating conduct that occurs on public property than on private property. It demonstrates how laws that govern public property operate like legal rules that impose affirmative duties to act on unhoused persons. Yet others control whether unhoused persons can fulfil this affirmative duty, and unhoused persons must make non-egalitarian trade-offs to fulful their positive obligations.

Keywords

homelessnessmunicipal ordinancesaffirmative dutiespositive actsomissionsregulatepublic property
Type
Chapter
Information
Homelessness, Liberty and Property , pp. 91 - 106
Publisher: Cambridge University Press
Print publication year: 2024

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  • Nonegalitarian Coercion
  • Terry Skolnik, University of Ottawa
  • Book: Homelessness, Liberty and Property
  • Online publication: 14 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009392631.006
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  • Nonegalitarian Coercion
  • Terry Skolnik, University of Ottawa
  • Book: Homelessness, Liberty and Property
  • Online publication: 14 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009392631.006
Available formats
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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.

  • Nonegalitarian Coercion
  • Terry Skolnik, University of Ottawa
  • Book: Homelessness, Liberty and Property
  • Online publication: 14 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009392631.006
Available formats
×