The dynamics of private property: between individual rights and common interests
The present research explores the tension implicit in the right to property as an exclusionary right. The conceptualization of the right to property as a necessary component of individual freedom stands at odds with a universal exercise of the right in the context of scarcity. Both moral and economic considerations align in the necessity for property, but these justifications are of a principally divergent order. The natural law perspective is predominantly anchored in the atomic – the interest of the individual in personal freedom and well-being. The focal point of the economics approach is in the aggregate – the benefit to be reaped in the rights’ systematic application. The present work …