物业作为入口

IF 2.4 2区 社会学 Q1 LAW Virginia Law Review Pub Date : 2005-04-20 DOI:10.2139/ssrn.667508
E. Peñalver
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引用次数: 13

摘要

自由主义财产思想中私有制的核心价值之一是其保障自由的功能。然而,私有产权实现这种保障的确切机制却常常无人探究。当理论家们讨论这个问题时,他们经常把财产的自由保障性质与财产赋予其所有者退出社会进入其财产保护茧的权力联系起来。这种财产作为出口的机制从一个隐含的假设中获得力量,即人是一种可以从社会关系中退出到财产茧中的生物。但有理由认为,对大多数人来说,退出将是非常昂贵的。因此,财产促进退出的力量可能比人们通常认为的要弱得多。此外,学者们对财产退出功能的关注掩盖了财产的作用程度,它不仅是一种促进退出的手段,而且是将个人与社会群体联系在一起的关键机制。
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Property as Entrance
One of the central values of private ownership in liberal property thought is its freedom-guaranteeing function. The precise mechanism by which private property rights accomplish this guarantee, however, is frequently left unexplored. When theorists discuss the issue, they often identify property's liberty-securing quality with the power that property confers upon its owner to exit from society into the protective cocoon of his stuff. This mechanism of property as exit draws its strength from an implicit assumption that people are the sorts of beings that can withdraw from social relations into the cocoon of their property. But there are reasons to think that withdrawal would be very costly for most people. As a consequence, the power of property to facilitate exit may be substantially weaker than is often assumed. In addition, scholars' affinity for property's exit function has obscured the degree to which property works, not solely as a means of facilitating withdrawal, but also as a crucial mechanism for tying individuals into social groups.
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来源期刊
CiteScore
2.70
自引率
3.80%
发文量
0
期刊介绍: The Virginia Law Review is a journal of general legal scholarship published by the students of the University of Virginia School of Law. The continuing objective of the Virginia Law Review is to publish a professional periodical devoted to legal and law-related issues that can be of use to judges, practitioners, teachers, legislators, students, and others interested in the law. First formally organized on April 23, 1913, the Virginia Law Review today remains one of the most respected and influential student legal periodicals in the country.
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