Chapter

Of the Rules that<sup>1</sup> Determine Property

Jonathan Harrison

in Hume's Theory of Justice

Published in print January 1980 | ISBN: 9780198246190
Published online October 2011 | e-ISBN: 9780191680946 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198246190.003.0003
Of the Rules that1 Determine Property

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This chapter discusses the following: (1) Was Hume trying to justify, or explain our having, our rules about property? (2) Bearing of Hume's account of the genesis of most rules about property upon their rationality. (3) Criticism of intuitionism implied by Hume's view about the imagination. (4) Criticism of legal reasoning implied by this view. (5) Difficulties with Hume's account of the imagination in general, and of how it makes us adopt certain rules about property in particular. (6) The consistency of Hume's view that it is a good thing that rules of justice are not always selected because of their usefulness. (7) Discussion of a large number of points raised by Hume in footnotes to Section III, concerning possession, accession, alleviation, confusion, commixtion, and cases that allow of neither separation nor division. The insolubility of many legal problems. (8) Hume's argument that property is not something real, because it can be produced by time. (9) Hume's criticism of Locke's view that certain principles about property may be discerned by reason.

Keywords: property; rules; intuitionism; imagination; legal reasoning; justice; Locke

Chapter.  17580 words. 

Subjects: History of Western Philosophy

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