Can Justice be Distributed? Insoluble Debate Between Libertarianism and Egalitarianism Over Property Rights

Stepanović, Ivana (2012) Can Justice be Distributed? Insoluble Debate Between Libertarianism and Egalitarianism Over Property Rights. Evrodijalog (17). pp. 261-279. ISSN 1857-8136

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Abstract

Fundamental debate on private property, which precedes all legal disputes, is in the domain of ethics and starts with the beginnings of western philosophy. The key issue related to that of property is justice. Different opinions on private property are dependent on what is considered to be just. Although there are many approaches to this problem that can be divided in different ways, I will mainly focus on the dichotomy between egalitarianism and libertarianism. The latter justifies the right to private property through the right to liberty and is based on individualism and self-interest. The former favours equality over liberty and recommends sacrificing of private property for the sake of justice for all. I will argue that neither libertarianism nor egalitarianism guarantee justice, but are inevitably leading to violation of human rights. In my opinion, both positive and negative side of the right to property should be protected, and perhaps the solution can be found if we break away from the concept of equality.

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