Saturday, February 11, 2006

Castles, both despotic and dignified

An interesting very short paper by Peñalver on the two competing theories of the legal protections offered to homeownership, both based on the castle metaphor: (1) that a home-as-castle (and property in general, Blackstone notes) is an inviolable despotic dominion over which we reign supreme; (2) that one's house, whether big or a shanty, is elevated by the grace of being a home into a castle.

While I favor a strong respect for property in general, I certainly agree with Peñalver that homes deserve special protection due to the personhood with which they are invested, and the shield they provide for families and autonomy.

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