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7 - Property and Possession in Rousseau’s Social Contract

Published online by Cambridge University Press:  28 March 2024

David Lay Williams
Affiliation:
DePaul University, Chicago
Matthew W. Maguire
Affiliation:
DePaul University, Chicago
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Summary

Property has a vexed status in Rousseau’s Social Contract. On one hand, Rousseau seems committed to the conventionalist view that property is a creation of law and state. Yet Rousseau also recognizes prepolitical dimensions of property, such as a right of first occupancy and a natural entitlement to land through “labor and cultivation.” This chapter contends that Rousseau’s seemingly divergent views on property become less paradoxical once one distinguishes between the rights of others and the more self-regarding aspects of morality. Focusing on the dense section of the Social Contract titled “Of Real Property,” it argues that while Rousseau acknowledges moral obligations governing the use of things, he ultimately holds that persons only have full-fledged property rights within the state. It suggests, moreover, that Rousseau’s attention to both the political and prepolitical dimensions of property continues to resonate in contemporary debate.

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Publisher: Cambridge University Press
Print publication year: 2024

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