“Property, which is taken to be intrinsic to human thought and action, serves as the regulative idea of the constitutional state and the rule of law. This is not really a historical foundation but rather an ethical obligation, a constitutive form of the moral order. The concept of the individual is defined by not being but having; rather than to a “deep” metaphysical and transcendental unity, in other words, it refers to a “superficial” entity endowed with property or possessions, defined increasingly today in “patrimonial” terms as shareholder. In effect, through the concept of the individual, the transcendent figure of the legitimation of property is integrated into the transcendental formalism oflegality.The exception, we might say, is included within the constitution”

COMMONWEALTH by Michael Hardt;Antonio Negri
http://www.amazon.com/dp/B003MKBJ0A

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