David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 14 (2):149 - 184 (1995)
My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
David K. Lewis (1973). Counterfactuals. Blackwell Publishers.
Robert Nozick (1974). Anarchy, State and Utopia. Basic Books.
David Lyons (1977). The New Indian Claims and Original Rights to Land. Social Theory and Practice 4 (3):249-272.
Jeremy Waldron (1992). Book Review:A Theory of Property. Stephen Munzer. [REVIEW] Ethics 102 (2):401-.
Citations of this work BETA
Stephanie Collins (2015). Distributing States' Duties. Journal of Political Philosophy 23 (3).
George Sher (2005). Transgenerational Compensation. Philosophy and Public Affairs 33 (2):181–200.
A. John Simmons (2001). On the Territorial Rights of States. Noûs 35 (s1):300-326.
Similar books and articles
Christopher Ciocchetti (2002). The Attraction of Historical Entitlements. Journal of Value Inquiry 36 (1):61-73.
Bas van der Vossen (2009). What Counts as Original Appropriation? Politics, Philosophy and Economics 8 (4):355-373.
Manfred Berg & Bernd Schäfer (eds.) (2009). Historical Justice in International Perspective: How Societies Are Trying to Right the Wrongs of the Past. Cambridge University Press.
Larry May (1986). Corporate Property Rights. Journal of Business Ethics 5 (3):225 - 232.
Aviezer Tucker, Alba Maria Ruibal, Jack Cahill & Farrah Brown (2004). The New Politics of Property Rights. Critical Review 16 (4):377-403.
Siegfried van Duffel (2013). Natural Rights to Welfare. European Journal of Philosophy 21 (4):641-664.
Richard Ashcraft (1994). Exclusive and Inclusive Theories of Property Rights: Rejoinder to Horne. Critical Review 8 (3):435-440.
Nahshon Perez (2011). On Compensation and Return: Can The 'Continuing Injustice Argument' for Compensating for Historical Injustices Justify Compensation for Such Injustices or the Return of Property? Journal of Applied Philosophy 28 (2):151-168.
Makoto Usami (2011). The Non-Identity Problem, Collective Rights, and the Threshold Conception of Harm. Tokyo Institute of Technology Department of Social Engineering Discussion Paper (2011-04):1-17.
Added to index2009-01-28
Total downloads34 ( #94,431 of 1,725,833 )
Recent downloads (6 months)9 ( #72,206 of 1,725,833 )
How can I increase my downloads?