Document Type

Article

Publication Date

5-2009

Disciplines

Property Law and Real Estate

Abstract

What would a progressive theory of property look like? Although such a theory might take root within any number of specific normative frameworks, this Statement of Progressive Property outlines several features progressive theories of property should have in common. The Statement argues that we should understand property as both an idea and an institution, that property confers power and shapes community, both in its legal and social dimensions, and that property should be understood as serving plural and incommensurable values whose accommodation is possible through reasoned deliberation and practical judgment.

Publication Citation

Cornell Law Review, vol. 94, no. 4 (May 2009)