from Part I - Foundations
Published online by Cambridge University Press: 17 April 2025
A rights-based theory of property relies heavily on practical reason. “Practical reason” is the domain in which people apply fundamental principles of moral reasoning to practice. This chapter contrasts practical reason with theoretical reason. It introduces specification (reasoning from broad moral rights to specific entitlements between right- and duty-holders), determination (the implementation of moral directives in law and other social conventions), and reasoning with core cases. This chapter’s argument dispels the “copy view” of morality, in which theories of morality must recommend in practice rules and institutions that follow closely from what they recommend in principle. This chapter also shows how practical reason considers the consequences of different proposed rights and policies, without becoming consequentialist or prioritizing social welfare over individual rights. This chapter shows how practical reason applies with speed limits and customary rights in snow-covered parking spaces.
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