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NSU Undergraduate Law Journal

Abstract

This paper critically examines the philosophical core of property law through the lens of Thomas Paine’s Agrarian Justice. Paine challenges the conception of property as a natural right, instead theorizing land ownership as a social construct contingent on communal needs and obligations. This framework is situated as an intellectual precursor to contemporary legal debates regarding the legitimacy and moral limits of private property. The analysis engages with pivotal Supreme Court decisions, including Village of Euclid v. Ambler Realty Co., Penn Central Transportation Co. v. New York City, and Lucas v. South Carolina Coastal Council, to set the tone for the transformation of American property law from a paradigm approach to one that increasingly incorporates communal responsibilities and the law’s mediating function between public and private interests.

Further, the paper demonstrates how modern doctrines governing land use, environmental regulation, and eminent domain reflect a democratic approach to property, emphasizing regulation’s role in promoting societal-flourishing; advancing public welfare, rectifying social inequities, and preventing harm to others. By situating property rights within a relational and evolving constitutional framework, the paper argues that legal doctrine is moving beyond an absolute individualistic approach toward a more nuanced balance between man’s rights and collective interests. Ultimately, it contends that Paine’s vision both anticipates and informs contemporary efforts to reconcile private property rights with broader social obligations.

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