The Social-function of Property in the Work of Leon Duguit: A Re-read from the Historiography Perspective

Authors

  • María Florencia Pasquale Universidad Nacional de Córdoba

DOI:

https://doi.org/10.17811/hc.v0i15.399

Keywords:

property, social function, Duguit, historiography

Abstract

The notion of "social function of property" is considered the culmination of the justifications that the academy currently provides to private property issues. This notion has contributed during the twentieth century to the design of new contours of property rights towards redistributive goals. The work of Leon Duguit has been one of the landmarks in the field. However, the thesis of this paper argues that this notion is rather a "aporetic core" underlying tensions in not a merely empirical sense. In this direction, the central part of this paper explores how the historiographical perspective can contribute to understand certain ambivalence inherent in discussions about the allocation of a social function of private property.

Fecha de envío / Submission Date: 24/04/2014
Fecha de aceptación / Acceptance Date: 07/05/2014

Author Biography

María Florencia Pasquale, Universidad Nacional de Córdoba

María Florencia Pasquale.  Abogada. Notaria. Doctoranda en Derecho y Ciencias Sociales por la Facultad de Derecho de la Universidad Nacional de Córdoba (Argentina). Becaria de Investigación CEVE-CONICET.

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Published

2014-07-25

Issue

No. 15 (2014): Historia Constitucional N. 15 (2014)

Section

France

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