Abstract

The article considers what Kant's theory of property, as set out in Arthur Ripstein's Force and Freedom, contributes to contemporary property theory. I argue that by drawing our attention to a new set of questions concerning the basis of the state's authority, a Kantian approach provides an important alternative to the dominant instrumentalist approach to the moral problems that private ownership introduces (specifically, the problems of poverty and dependence). I consider the extent to which the Kantian framework is normative appealing. After raising a number of objections to the Kantian division of labor in response to the problem of material dependence, I suggest a way to restore some harmony between the rights of owners and the interests of others within a Kantian framework.

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