ABSTRACT

The mix of property-specific justice reasons and its conventional or juristic interpretation have the consequence that some individual or group can found a superior claim to most of the resources within the purview of a property institution. Social convention is often inconclusive and in any case frequently incorporates express deference to property-specific justice reasons. Furthermore, the moral background right itself requires alteration of property institutions where a conventional solution exists which clearly runs counter to the balance of justice reasons. The history of Western political philosophy is awash with highly abstract theses about the justice or injustice of property institutions. Home-sharers should be accorded property rights, against their partners or persons claiming through their partners, only if either there was a written disposition by way of gift or contract or a quantifiable contribution to the purchase of the property.