Jus publicum

In an argument that goes back to the philosopher John Locke, many conservative and libertarian theorists claim that freedom (as in free market capitalism) and property rights have moral priority as inherent human rights (and there is a huge body of laws and legal precedents that support this claim), while the concept of the “common good” has no legal standing, or has a weaker claim.  This argument is flatly wrong.  In fact, the idea of a collective (societal) responsibility for the common good has a sturdy foundation in the ancient legal principle of the public trust.