Document Type
Article
Publication Date
9-29-2025
Abstract
It seems natural to adopt a historical approach when it comes to property titles: When property titles have a clean history, they are to be respected as a matter of justice; when they do not have a clean history, for example, in cases of prior theft, they must be returned to the original owners or their descendants. But the historical approach has serious drawbacks. This paper presents an alternative. Starting from the idea that property rights must be stable, we offer an account of why historic injustices sometimes do, but sometimes do not, undermine current titles. This account offers a standard of better or worse claims, and maintains that current titles are not undermined unless there are contestants who can put forward comparatively better claims.
Recommended Citation
van der Vossen, B., & Wendt, F. (2025). Property rights in the face of historic injustice. European Journal of Political Theory. https://doi.org/10.1177/14748851251378950
Peer Reviewed
1
Copyright
The authors
Included in
Ethics and Political Philosophy Commons, Other Philosophy Commons, Political Theory Commons
Comments
This is a pre-copy-editing, author-produced PDF of an article accepted for publication in European Journal of Political Theory in 2025 following peer review. This article may not exactly replicate the final published version. The definitive publisher-authenticated version is available online at https://doi.org/10.1177/14748851251378950.