On Corrective Justice and Rights in Property: A Comment on Property Law and Social Morality

Claeys, Eric R.

Journal: Texas A&M Journal of Property Law

Volume: 2

First Page: 205

Year: 2015

Bluebook Citation: 2 TEX. A & M J. PROP. L. 205 (2015)

Author: Eric R. Claeys: all 22 publications


Abstract

In this Review, I hope to critique specific parts of Property Law and Social Morality that fairly represent these various reactions. In Part I, I explain the basis for my first cheer, and situate Property Law and Social Morality in relation to other prominent moral theories of property. In Part II, I study one representative example confirming my second cheer about Gerhart’s cross-pollination experiment—his critique of economic “evolutionary” or “Demsetzian” accounts of property in chapter 4. In Part III, I offer what I hope is a friendly amendment to Property Law and Social Morality, to clarify several possible confusions about the scope of “corrective justice.” In Part IV, I turn to my friendly disagreements.

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