A Hegelian Theory of Nuisance Law

TIMOTHY J. LEWIS

ABSTRACT

This paper attempts to vindicate nuisance law in general, and the protection of a landowner's access to sunlight in particular, from a Hegelian perspective. The conflation of nuisance and property doctrine is revealed in an examination of recent jurisprudence, and it is argued that the conflation is an error because of the independent integrity of nuisance law. This integrity resides in the Hegelian idea of the use of property, which is based on human will. Given that use is a conceptual necessity stemming from the nature of persons as free, it is the role of nuisance law to ensure that land (which is distinguished from other forms of property) is used in a way that is compatible with the universalized use of land. A reasonable use of land is, therefore, a coherent use of land. In light of this view of nuisance law, the separation of nuisance law from property law is justified, and the possibility of nuisance law protecting sunlight, which is not protected by property doctrine, necessarily follows.

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Citation: (1990) 48(2) U.T. Fac. L. Rev. 259.
Copyright © 1990. University of Toronto Faculty of Law Review.
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