THE RIGHT TO PRIVATE PROPERTY AND ECONOMIC FREEDOM. SOME LEGAL, PHILOSOPHICAL AND ECONOMIC ELEMENTS FOR A GENERAL THEORY
Journal Title: Ius Humani. Revista de Derecho - Year 2014, Vol 4, Issue 1
Abstract
This paper sets forth several legal, philosophical and economic elements for a general theory on the right to private property and economic freedom, which might explain why it is a fundamental right. Firstly, this Article draws a unified notion of the right to private property and economic freedom, which must be distinguished only analytically from the several property rights that might be regulated and even expropriated by the government. Secondly, this Article explains, according to Thomas Aquinas’ natural law theory, why the right to private property and economic freedom is a secondary natural right. Third, this Article further explains, under the Austrian theory of the market process, how it is that the legal protection of the right to private property and economic freedom gives place to a virtuous process creating economic development, poverty reduction and social peace. And finally, this Article also expounds how it is that the violation of this right generates the contrary effects, namely: underdevelopment, poverty and social conflict.
Authors and Affiliations
Santiago M. Castro Videla, Santiago Maqueda Fourcade
Keywords
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- EP ID EP36066
- DOI https://doi.org/10.31207/ih.v4i0.51
- Views 391
- Downloads 0
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