Volume 6

Property's Role in the Fundamental Political Structure of Nations: The Southern African Experience

Heinz Klug

There is a dominant assumption that private property is a fundamental element in the protection of “all other rights” and serves as a bulwark against oppressive government. Yet, we also recognize that historically there has been an intimate relationship between the power of the State and property, including private property. As the prominent legal realist, Felix S. Cohen, famously argued in his Dialogues on Private Property, private property may best be described by the statement:

To the world:
Keep off X unless you have my permission, which I may grant or withhold.
Signed: Private citizen
Endorsed: The State

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6 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 145 (2017).