The Property Rights Duality and the Defense of Freedom

Though the modern state successfully frames itself as the ultimate guarantor of positive rights, it is the opposite: a systematic violator of negative property rights. This is possible because the modern state is associated with the advent of the rule of law. To understand why society remains so blind to the ever-expanding “legal spoliation” by the state (to use Bastiat’s expression), it is necessary to look at the inherent duality between the psychological universality of property and its messy historical reality.