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Pluralism, Property, and Radical Transformation

Matthew Kruger

Property theory—the justification for who has access to which resources, for what ends, and when—lies at the heart of political, social and legal thought. Yet from Locke to Bentham, Hayek, Hegel, Marx, and up to the present, thinkers on this subject have taken for granted that there is one right answer to the question: What is Man?

Pluralism, Property, and Radical Transformation offers a novel property theory that rejects this assumption. Drawing on intellectual history, ethics, and political economy, Matthew Kruger argues that we must seriously consider the fact that life is constituted by tragic conflicts between goods. Instead of designing a prescriptive model based on a single anthropology, theory must limit its work to descriptions of what can be done. It must identify goods that give life meaning, the object-relations that form them, and the rights needed to facilitate them—and leave the decision on ‘What is to be done’ in light of their inevitable conflicts to politics and law.

Demonstrating the practical relevance of this theory, the book concludes with an analysis of how South Africa’s Constitution embraces it, along with its democratic implications and radical and transformative potential.

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Lexington Books
Pages: 320 • Trim: 6¼ x 9¼
978-1-66696-839-2 • Hardback • December 2024 • $130.00 • (£100.00)
Subjects: Philosophy / Political, Political Science / Political Economy, Philosophy / Ethics & Moral Philosophy

Matthew Kruger, PhD, is advocate at the Johannesburg Bar in South Africa.

Acknowledgments

Prologue

Chapter 1: Pluralism and Property

Part I: The Anthropological Question

Chapter 2: For the Public Good

Chapter 3: Ghosts and Gulags

Chapter 4: The Riddle of History

Part II: Three Questions, Not One

Chapter 5: Deflating the Structure

Chapter 6: World as Instrument

Chapter 7: Spirit and its Modes

Chapter 8: The Tragedy of Goodness

Part III: The Chosen Way

Chapter 9: A Constitution of Possibilities

Chapter 10: Radical Transformation

Epilogue

Bibliography

About the Author

“A searching and erudite reappraisal of property rights—Kruger traces the many values within ownership through the work of its most famous champions and critics, and gifts us grounded, humane reflections on how to think when these values conflict. Everyone looking to connect the high theory of property with the laws of tomorrow will benefit from this book.”


— Leif Wenar, Stanford University


"Property matters. And so, for Matthew Kruger in this carefully-argued and beautifully written new book, does pluralism. Breaking the anthropological approach which he sees across the prevailing Western tradition, Kruger encourages us to think very differently about the political (and legal) question which we can never avoid: what is to be done? The fact that there are no prescribed answers does not mean that there is nothing we can usefully say or do. In the closing pages of his study, Kruger brings us right back to thinking about the ways in which property can, and may, be made to function in the context of the South African Constitution. This is a legal, philosophical, and political analysis which is equal to the irreducibly tragic circumstances in which decisions about property must be made. A must-read for those who care to know."


— Chris Pierson, The University of Nottingham


Pluralism, Property, and Radical Transformation

Cover Image
Hardback
Summary
Summary
  • Property theory—the justification for who has access to which resources, for what ends, and when—lies at the heart of political, social and legal thought. Yet from Locke to Bentham, Hayek, Hegel, Marx, and up to the present, thinkers on this subject have taken for granted that there is one right answer to the question: What is Man?

    Pluralism, Property, and Radical Transformation offers a novel property theory that rejects this assumption. Drawing on intellectual history, ethics, and political economy, Matthew Kruger argues that we must seriously consider the fact that life is constituted by tragic conflicts between goods. Instead of designing a prescriptive model based on a single anthropology, theory must limit its work to descriptions of what can be done. It must identify goods that give life meaning, the object-relations that form them, and the rights needed to facilitate them—and leave the decision on ‘What is to be done’ in light of their inevitable conflicts to politics and law.

    Demonstrating the practical relevance of this theory, the book concludes with an analysis of how South Africa’s Constitution embraces it, along with its democratic implications and radical and transformative potential.

Details
Details
  • Lexington Books
    Pages: 320 • Trim: 6¼ x 9¼
    978-1-66696-839-2 • Hardback • December 2024 • $130.00 • (£100.00)
    Subjects: Philosophy / Political, Political Science / Political Economy, Philosophy / Ethics & Moral Philosophy
Author
Author
  • Matthew Kruger, PhD, is advocate at the Johannesburg Bar in South Africa.

Table of Contents
Table of Contents
  • Acknowledgments

    Prologue

    Chapter 1: Pluralism and Property

    Part I: The Anthropological Question

    Chapter 2: For the Public Good

    Chapter 3: Ghosts and Gulags

    Chapter 4: The Riddle of History

    Part II: Three Questions, Not One

    Chapter 5: Deflating the Structure

    Chapter 6: World as Instrument

    Chapter 7: Spirit and its Modes

    Chapter 8: The Tragedy of Goodness

    Part III: The Chosen Way

    Chapter 9: A Constitution of Possibilities

    Chapter 10: Radical Transformation

    Epilogue

    Bibliography

    About the Author

Reviews
Reviews
  • “A searching and erudite reappraisal of property rights—Kruger traces the many values within ownership through the work of its most famous champions and critics, and gifts us grounded, humane reflections on how to think when these values conflict. Everyone looking to connect the high theory of property with the laws of tomorrow will benefit from this book.”


    — Leif Wenar, Stanford University


    "Property matters. And so, for Matthew Kruger in this carefully-argued and beautifully written new book, does pluralism. Breaking the anthropological approach which he sees across the prevailing Western tradition, Kruger encourages us to think very differently about the political (and legal) question which we can never avoid: what is to be done? The fact that there are no prescribed answers does not mean that there is nothing we can usefully say or do. In the closing pages of his study, Kruger brings us right back to thinking about the ways in which property can, and may, be made to function in the context of the South African Constitution. This is a legal, philosophical, and political analysis which is equal to the irreducibly tragic circumstances in which decisions about property must be made. A must-read for those who care to know."


    — Chris Pierson, The University of Nottingham


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