Document Type
Symposia Article
Abstract
Gerhart’s theory of “property as tort” is simple, bold, and intuitively compelling. Just as actions that an individual voluntarily undertakes can impose moral obligations in tort, so actions that an individual voluntarily undertakes can impose moral obligations in property. Finally, we have a simple, understandable basis on which other-regarding obligations can be imposed upon property owners, for the externalities that they cause. But does it capture all that is involved in the ownership of property? Put another way, does Gerhart reckon with all of the implications of his theory in the complex world of property ownership?
DOI
10.37419/JPL.V2.I2.7
First Page
301
Last Page
312
Recommended Citation
Laura S. Underkuffler,
A Moral Theory of Property,
2
Tex. A&M J. Real Prop. L.
301
(2015).
Available at:
https://doi.org/10.37419/JPL.V2.I2.7