The Philosopher and the Developer: Pluralist Moral Theory and the Law of Condominium

Abstract

This paper analyzes the evolving law of condominium from the perspective of the moral philosophy of property, focusing in particular on neo-Aristotelian value or pluralist ethics. By combining aspects of traditional property law, corporate law, and municipal politics, condominium provides a flexible tool for ownership and private land use planning. However, condominium also poses novel and unique challenges to both legal doctrine and the very meaning of private property. After describing and comparing the pluralist approach to moral philosophy of property and the approach of its main rivals – deontology and utilitarianism – the paper describes how condominium is understood by each approach and analyzes in detail current legislation and court decisions regarding condominium in light of these approaches. The paper concludes that courts and legislatures have been alternating between deontological approaches and pluralist approaches to condominium, with a general trend in recent developments away from the deontological approaches and towards pluralist approaches. The thesis tentatively suggests that on the whole, pluralist approaches lead to more just and equitable results in condominium, and suggests further avenues for study.