Book contents
- Natural Property Rights
- Natural Property Rights
- Copyright page
- Contents
- Acknowledgments
- Note on Cover
- Table of Cases
- Table of Legislative Materials
- Table of Multiple Edition Works
- Part I Foundations
- 1 Introduction
- 2 Natural Law and Rights
- 3 Practical Reason
- Part II The Natural Right to Property
- Part III Property Law
- Part IV Property in Common Law and Public Law
- Index
- References
3 - Practical Reason
from Part I - Foundations
Published online by Cambridge University Press: 17 April 2025
- Natural Property Rights
- Natural Property Rights
- Copyright page
- Contents
- Acknowledgments
- Note on Cover
- Table of Cases
- Table of Legislative Materials
- Table of Multiple Edition Works
- Part I Foundations
- 1 Introduction
- 2 Natural Law and Rights
- 3 Practical Reason
- Part II The Natural Right to Property
- Part III Property Law
- Part IV Property in Common Law and Public Law
- Index
- References
Summary
A rights-based theory of property relies heavily on practical reason. “Practical reason” is the domain in which people apply fundamental principles of moral reasoning to practice. This chapter contrasts practical reason with theoretical reason. It introduces specification (reasoning from broad moral rights to specific entitlements between right- and duty-holders), determination (the implementation of moral directives in law and other social conventions), and reasoning with core cases. This chapter’s argument dispels the “copy view” of morality, in which theories of morality must recommend in practice rules and institutions that follow closely from what they recommend in principle. This chapter also shows how practical reason considers the consequences of different proposed rights and policies, without becoming consequentialist or prioritizing social welfare over individual rights. This chapter shows how practical reason applies with speed limits and customary rights in snow-covered parking spaces.
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- Natural Property Rights , pp. 58 - 72Publisher: Cambridge University PressPrint publication year: 2025