Drafting a human right to property: Conflated notions, deflated hopes

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Chapter 4 in Property, Power and Human Rights, 2024, pp 69-106 from Edward Elgar Publishing

Abstract: This chapter delves into the complex negotiations that shaped the right to property in the Universal Declaration of Human Rights (UDHR), at Article 17. It explores the debates surrounding the use of abstract reason and natural rights discourse in drafting the UDHR, as well as the historical context of the French and American revolutions that influenced the language of inherent dignity, used primarily to give moral weight to concrete struggles against hegemonic powers. The tension between abstract theories and concrete battles for emancipation is evident in discussions on the right to property at the UN, where delegates grappled with the concept’s social implications. While the final article on property leans towards liberal property rights, the philosophical discussions during the drafting process offer insights into property as a path to meaningful social participation. The chapter highlights the transformative potential of the right to property associated with positive freedom and social inclusion.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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