Private property as a canon: notes for its deconstruction

Abstract

The article investigates the features of private property as a legal paradigm that has been overlapped in an economic one, to which the normative formulations and legal dogmatics of property are functional. The evolution of the systems of ideas about private property is reviewed towards the construction of a private property canon that expresses the best possible version of property. From this, the article seeks to show an economic logic that has been fundamental for the construction of a legal canon, as the only possible way of approximating the relationships between people and the goods. That canon can be contested, based on technological developments and the new forms of transaction that they allow, which question the validity of private property as the only form of use of goods.