Human Flourishing-The Continuance Of Beacon Hill

Human Flourishing theory of property holds that “[t]he moral foundation of property, both as a concept and as an institution, is human flourishing.” The purpose of property is to enable individuals to develop a foundation that enables them to live an objectively well-lived life; therefore, property decisions should be structured around this goal. Under this theory, property owners owe obligations to members of their communities to perform certain duties to enable individuals to have necessary capabilities in order to live well-lived lives, “owners are responsible for the continued well-being of these communities which have nurtured and continue to nurture the development of their personal capabilities essential to their own flourishing.” …show more content…
Although we as the present generation had no say in how this past property has been passed down, we have accepted this obligation of continuance of Beacon Hill by providing for historic preservation law. If we look purely to the past generation perhaps we have a duty to carry on the legacy of the historic district but was this a legacy that was meant to be carried forward? Roads and sidewalks are meant to be replaced and maintained. Did someone from the past truly expect and need the sidewalks to be kept the way that they are now? Is our connection with the past so attenuated and our focus should be on present and future generations? It would seem that we owe it to the past to continue it somehow, but it does not seem so strong as to completely overrule changing and adapting the ramps. The makers of the streets and sidewalks intended them to be used and we have a stronger obligation to the present and future than we do to the past. In the past, people with disabilities did not survive long if at all, things were not built with these individuals with disabilities in mind because they were dead, house-bound or in institutions, but as communities and the population changes so too does the property that was intended to be used. With the increased survival odds for persons with …show more content…
However, the problem with using Human Flourishing to look at this problem is that it largely does not account for the value of the historical cultural property aspect of the sidewalks. While Human Flourishing takes into account the different values that people attach to the cultural property it does not take the stand-alone value of the property itself. With the people focused nature of Human Flourishing, it could be argued loses something in the actual value of property and the meaning of property itself as Human Flourishing does support accessibility over preservation of cultural