
Contents
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Entitlements and Systemic Norms Entitlements and Systemic Norms
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The Estates System The Estates System
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Antidiscrimination Laws Antidiscrimination Laws
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Competition and Intellectual Property Competition and Intellectual Property
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Gender Gender
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Property and Equality Property and Equality
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The Inevitability of Distributive Choices The Inevitability of Distributive Choices
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Everyone Should Have Some Everyone Should Have Some
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Property and Time Property and Time
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Property and Politics Property and Politics
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4 Systemic and Distributive Norms
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Published:November 2000
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Abstract
This chapter explores the understanding of property not just as an individual entitlement but also as a system. It uses a thought experiment involving the transfer from a communist regime to a private property regime, wherein the government hands out all the land, buildings, and industry in the country to ten families that had formed the crux of the aristocracy in the nineteenth-century. The chapter looks at property as a system due to its interconnectedness—a property system does not merely deal with individual entitlements, but is also an institutional structure that sets the grounds rules for human interaction in order to foster a peaceful coexistence. Frank Michelman points out two central distinctions in the philosophical discussion of property rights: positive liberty and negative liberty versus positive rights and negative rights. Positive rights, for example, are the entitlements to be granted ownership or control of resources, whereas Negative rights are understood as rights “to be left alone in certain respects free of interference by others.”
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