Grotius on Property and the Right of Necessity

Journal of the History of Philosophy 56 (2):239-260 (2018)
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Abstract

i would hazard to guess that nearly everyone would agree that In situations of peril, it is permissible to use another’s property without her permission if that is the only way to save oneself from serious harm.1But that If one damages or consumes that property, one ought to compensate its owner.It turns out, however, that the conjunction of N1 and N2 is surprisingly difficult to justify. That is because if you accept N1, you are also likely to accept A property owner would wrong an imperiled trespasser if the owner prevented her from using his property if that were the only way she could save herself from serious harm.N3 implies that the permission granted in N1 issues from a right. This generates a...

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Dennis Klimchuk
University of Western Ontario

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