Property rights in the face of historic injustice

It seems natural to adopt a historical approach when it comes to property titles: When property titles have a clean history, they are to be respected as a matter of justice; when they do not have a clean history, for example, in cases of prior theft, they must be returned to the original owners or their descendants. But the historical approach has serious drawbacks. This paper presents an alternative. Starting from the idea that property rights must be stable, we offer an account of why historic injustices sometimes do, but sometimes do not, undermine current titles. This account offers a standard of better or worse claims, and maintains that current titles are not undermined unless there are contestants who can put forward comparatively better claims.