Property And Human Flourishing

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to me.

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may ‘own’, where we may ‘belong’, or not, and how we may ‘connect’ through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.

A study of what motivates humans and the activity that gives rise to human social life and social structures. In his 2010 book What Is a Person?, Christian Smith argued that sociology had for too long neglected this fundamental question. Prevailing social theories, he wrote, do not adequately “capture our deep subjective experience as persons, crucial dimensions of the richness of our own lived lives, what thinkers in previous ages might have called our ‘souls’ or ‘hearts.’” Building on Smith’s previous work, To Flourish or Destruct examines the motivations intrinsic to this subjective experience: Why do people do what they do? How can we explain the activity that gives rise to all human social life and social structures? Smith argues that our actions stem from a motivation to realize what he calls natural human goods: ends that are, by nature, constitutionally good for all human beings. He goes on to explore the ways we can and do fail to realize these ends—a failure that can result in varying gradations of evil. Rooted in critical realism and informed by work in philosophy, psychology, and other fields, Smith’s ambitious book situates the idea of personhood at the center of our attempts to understand how we might shape good human lives and societies. Praise for To Flourish or Destruct “This major work in sociology theory should be read by social scientists in all disciplines. Highly recommended.” —Choice “To Flourish or Destruct poses a powerful and important challenge to the entire discipline of sociology. Smith is becoming the anchor of a humanist renewal in sociology and although he is not alone in this movement, what makes To Flourish or Destruct different is a coherent, new, oppositional perspective that draws on critical realism to affirm both human personhood and the ever-present moral element in human affairs. Smith’s Personalism could become the banner around which a very different kind of sociology develops, one that respects the centered consciousness that is human personhood.” —Douglas Porpora, Drexel University “This book represents a major advance in sociology and more specifically within critical realism, which is gradually emerging as a full-fledged alternative in the social sciences. I am fundamentally convinced by this book.” —George Steinmetz, University of Michigan

'A careful and thoughtful provocation' (Justin Welby, Archbishop of Canterbury) Ambitiously placed at the intersection of scientific insights and spiritual wisdom, Human Flourishing prompts us to reflect on what constitutes a good life and the choices that can help achieve it. For thousands of years, humans have asked 'Why we are here?' and 'What makes for a good life?' At different times, different answers have held sway. Nowadays, there are more answers proposed than ever. Much of humanity still finds the ultimate answers to such questions in religion. But in countries across the globe, secular views are widely held. In any event, whether religious or secular, individuals, communities and governments still have to make decisions about what people get from life. This book therefore examines what is meant by human flourishing and see what it has to offer for those seeking after truth, meaning and purpose. This is a book written for anyone who wants a future for themselves, their children, and their fellow humans - a future that enables flourishing, pays due consideration to issues of truth and helps us find meaning and purpose in our lives. At a time when most of us are bombarded with messages about what we should or should not do to live healthily, attain a work-life balance and find meaning, a careful consideration of the contributions of both scientific insight and spiritual wisdom provides a new angle. This is therefore a book that not only helps readers clarify their views and see things afresh but also help them improve their own well-being in an age of AI and other new technologies.

This astonishing book invites you into a conversation between a teacher, John R. Ehrenfeld, and his former student now professor, Andrew J. Hoffman, as they discuss how to create a sustainable world. Unlike virtually all other books about sustainability, this one goes beyond the typical stories that we tell ourselves about repairing the environmental damages of human progress. Through their dialogue and essays that open each section, the authors uncover two core facets of our culture that drive the unsustainable, unsatisfying, and unfair social and economic machines that dominate our lives. First, our collective model of the way the world works cannot cope with the inherent complexity of today's highly connected, high-speed reality. Second, our understanding of human behavior is rooted in this outdated model. Driven by the old guard, sustainability has become little more than a fashionable idea. As a result, both business and government are following the wrong path – at best applying temporary, less unsustainable solutions that will fail to leave future generations in better shape. To shift the pendulum, this book tells a new story, driven by being and caring, as opposed to having and needing, rooted in the beauty of complexity and arguing for the transformative cultural shift that we can make based on our collective wisdom and lived experiences. Then, the authors sketch out the road to a flourishing future, a change in our consumption and a new approach to understanding and acting. There is no middle ground; without serious change at the most basic level, we will continue to head down a false path. Indeed, this book is a clarion call to action. Candid and insightful, it leaves readers with cautious hope.