ABSTRACT
I am, therefore, unsure that the right way to think about the right to exclude will make reference to the idea of property rights. I believe Pevnick is right about a very great deal; those who are currently members of a political society are rightly able to use their relationship to one another, and to that society’s political institutions, as the ground of a right to exclude. I therefore agree with Pevnick – and with Wellman – that we ought to look at what is shared by only fellow members, in our justification of exclusion. On my view, though, what is shared is not best understood in terms of historical property acquisition, nor through the idea of associative freedom. Those who are members of the same society share liability to the same network of legal rights and obligations; we ought to focus on that, in our analysis of the right to exclude.
