The Foundations of Property and Property Law
Bibliographic Data
| ID | 23137099 |
|---|---|
| Authors | S Coval, J C Smith (0000-0003-0646-5098), Simon Coval‡ |
| Year | 1986 |
| Volume | 45 |
| Issue | 3 |
| Pages | 457-475 |
| Publication date | 1986-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Cambridge Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0008-1973 • E-ISSN: 1469-2139 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0008197300118458 |
| OpenAlex | W2007963656 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
Explicit rights and freedoms such as those of thought, assembly, life, liberty and security of person occur in constitutional charters because they are activities and states which are necessary for any successful action. It is through the protection of its necessary conditions that freedom of action is itself protected. Moreover, without the inference that freedom of action is the basic value being protected we cannot justify the above rights and freedoms. If we accept this hypothesis about the justificatory structure of constitutions it provides us with a test of the completeness of the list of explicit rights and freedoms. We argue that no charter could justifiably include the usual explicit rights and freedoms and not include the right of the individual to property since the latter is no less a condition of free action than are the former.
Action (physics) · Charter · Epistemology · Fundamental rights · Human rights · Law and economics · Political science · Property (philosophy) · Property rights · Sociology · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Philosophy · Political Philosophy and Ethics
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.03 |
| Citation span | 1997 - 1997 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |