Book contents
- Homelessness, Liberty and Property
- Homelessness, Liberty and Property
- Copyright page
- Contents
- Acknowledgments
- Introduction Homelessness and the Regulation of Public Property
- 1 Homelessness, Vagrancy Laws, and Municipal Ordinances
- 2 Homelessness and the Constitution
- 3 Homelessness, Liberty, and Property
- 4 Homelessness and the Insights of Republicanism
- 5 Nonegalitarian Coercion
- 6 Punitive Entrenchment
- 7 Homelessness, Public Property, and the State’s Fiduciary Duties
- 8 In Defense of the State’s Fiduciary Duties
- 9 Fulfilling the State’s Fiduciary Duties
- Conclusion
- Index
7 - Homelessness, Public Property, and the State’s Fiduciary Duties
Published online by Cambridge University Press: 14 November 2024
- Homelessness, Liberty and Property
- Homelessness, Liberty and Property
- Copyright page
- Contents
- Acknowledgments
- Introduction Homelessness and the Regulation of Public Property
- 1 Homelessness, Vagrancy Laws, and Municipal Ordinances
- 2 Homelessness and the Constitution
- 3 Homelessness, Liberty, and Property
- 4 Homelessness and the Insights of Republicanism
- 5 Nonegalitarian Coercion
- 6 Punitive Entrenchment
- 7 Homelessness, Public Property, and the State’s Fiduciary Duties
- 8 In Defense of the State’s Fiduciary Duties
- 9 Fulfilling the State’s Fiduciary Duties
- Conclusion
- Index
Summary
This chapter discusses the State’s three fiduciary duties related to homelessness and public property. Its opening parts describe why the State and individuals are in a fiduciary relationship and why the State has an overarching fiduciary duty to counteract domination. It then discusses other fiduciary relationships that arise in public law contexts. It then explains how the State has three fiduciary duties, all of which seek to minimize domination. More specifically, the State has fiduciary duties to: (1) end homelessness and secure access to housing, (2) maintain public property’s shared value, and (3) legitimize laws that regulate public space. It elucidates the relationship between these three duties.
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- Homelessness, Liberty and Property , pp. 123 - 146Publisher: Cambridge University PressPrint publication year: 2024