Beyond Frontier Town: Do Early Modern Theories of Property Apply to Capitalist Economies?

Nieswandt, Katharina

doi:10.1007/s10677-019-10009-7

Cited by 3 publications

(1 citation statement)

References 26 publications

(15 reference statements)

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“…Mutually independent relations, on this account, are consistent with deep and complex ties of mutual material reliance. It's not that we can enjoy general nondomination only in a "frontier town" economy, wherein every individual owns the capital they need to use to sustain decent lives, resources are abundant, wage labor is rare, and nobody can accumulate large capital stocks (Nieswandt 2019). It is true, however, and has proved fateful, that the prevailing legal-theoretic justifications for liberal private property arrangements are rooted in the arguments of Locke, Hume, and Kant, who envisioned just such an economic order.…”

Section: Freely Associated Production As a Living Idealmentioning

confidence: 99%

Freely Associated Production as a Political Ideal

Rector¹

2023

Paragrana

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This paper offers a brief account and defense of freely associated production as a political ideal. I discuss its conceptual structure, specifying what is meant by free association in terms of economic production, the sense in which it is a value for political order, and its approximate place in an historical lineage of reflection on freedom. Given that our economic arrangements are constitutively determined by law and public policy, and involve relations of governing power, the values that legal authority must subserve bear directly on the productive sphere. One of those values – arguably the highest – is relational freedom. Reigning structures of production violate its demands. Without understanding the ways in which that violation occurs, we cannot effectively address some of our most urgent social crises.

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Section: Freely Associated Production As a Living Idealmentioning

confidence: 99%

Freely Associated Production as a Political Ideal

Rector¹

2023

Paragrana

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The natural right to slack

Richard

2022

Critical Review of International Social and Political Philosoph

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Private law legalism

Jiménez

2024

University of Toronto Law Journal

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Judges decide multiple types of disputes, including disputes involving the property or contractual rights of two private parties (their ‘private rights’). The nature of these private rights has long been the focus of philosophical debates between conventionalists, non-conventionalists, and Kantians. In this article, I offer an argument in favour of the adoption of a legalist concept of private rights by judges and lawyers involved in private law disputes. According to this argument for private law legalism, judges and lawyers should see these rights as purely legal rights that do not reflect any pre-existing moral entitlements but are simply the upshots of positive law. The reason for adopting this legalist view is that it contributes to the rationality, predictability, and stability of legal reasoning, as well as to an appropriate evaluative stance toward positive law. Thus understood, the argument for legalism is not an argument about the nature of private rights, but about the conception of such rights that participants in private law reasoning ought to adopt.

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Beyond Frontier Town: Do Early Modern Theories of Property Apply to Capitalist Economies?

Cited by 3 publications

References 26 publications

Freely Associated Production as a Political Ideal

Freely Associated Production as a Political Ideal

The natural right to slack

Private law legalism

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