The debate over economic justice is a long-standing one, and the enactment of legislation that prescribes minimum and maximum land holding acreages in respect of private land is a crucial part of this discussion. Article 68(c)(i) of Kenya’s 2010 constitution mandates the parliament to enact such legislation, yet the deadline stipulated in the Fifth Schedule for this legislation expired over a decade ago. This essay will explore how a focus on economic justice requires the enactment of legislation that prescribes minimum and maximum land holding acreages in respect of private land, and discuss the theoretical perspectives on property which support passing such legislation. Specifically, this essay will discuss the Lockean, Marxist, communitarian, utilitarian, and feminist perspectives on property and how they support the enactment of this legislation. By examining these perspectives, this essay will demonstrate that passing this legislation is essential for achieving economic justice.Adopting a perspective of economic justice requires a more equitable distribution of resources and property. This is supported by the World Bank's definition of economic justice as the “fair distribution of economic resources,” which includes access to land and other resources. Additionally, the United Nations Declaration on Human Rights states that all people have the right to own property, and that the state should ensure that this right is protected. This equitable distribution of resources and property is necessary in order to ensure economic justice, and is supported by the theoretical perspectives on property discussed in this essay. In order to achieve economic justice, it is essential that the state ensures that all members of society have access to resources, and that the right to own property is safeguarded. This would create a more equitable distribution of resources and property, and would help to reduce the disparities in wealth and power that exist in many societies.In order to ensure economic justice, it is essential to promote more equitable land ownership, which is why mandating minimum and maximum land holding acreages in respect of private land is an important step. According to the World Bank, the unequal distribution of land ownership is a major contributor to poverty and economic inequality. By setting limits on the amount of land that can be owned by an individual, the legislation helps to ensure that the resources are more evenly distributed. This is especially pertinent in countries like Kenya, where the majority of the population is rural and relies heavily on land for their livelihoods. By limiting the amount of land that can be owned by a single individual, the legislation helps to guarantee that more people have access to land and resources, which is essential for economic justice. This legislation is a crucial step towards creating a more equitable distribution of resources and property, which is fundamental for economic justice as outlined in the thesis.John Locke, a 17th century philosopher, argued that individuals have a natural right to their own property, and that the government has a duty to protect this right. From a Lockean perspective, the legislation is necessary to ensure that no one individual can gain excessive control of a resource, as this would be unfair to the rest of the population. By mandating minimum and maximum land holding acreages in respect of private land, the legislation safeguards individuals’ rights to their property, preventing any one person from monopolizing a resource and taking advantage of the rest of the population. This is essential for economic justice, as it ensures that all individuals have access to resources and that no one individual can gain an unfair advantage. Thus, the legislation is necessary to protect individuals’ rights to their property, as it prevents any one individual from gaining excessive control of a resource, and is essential for economic justice.Building on the Lockean perspective, a Marxist perspective also supports the need for legislation that prescribes minimum and maximum land holding acreages in respect of private land, as it is necessary to prevent the exploitation of the working class by wealthy land owners. Karl Marx argued that the capitalist system of production is inherently exploitative, as it allows the wealthy to accumulate wealth at the expense of the working class by controlling the means of production, such as land, and thus extracting surplus value from the labor of the working class. This exploitation is further exacerbated when the wealthy are able to accumulate large amounts of land, as they are able to control a greater portion of the means of production. Therefore, legislation that limits the amount of land that can be held by individuals is necessary to prevent the exploitation of the working class by the wealthy and ensure economic justice. This essay has explored how a focus on economic justice requires the enactment of such legislation, and discussed the theoretical perspectives on property which support passing such legislation, including the Marxist perspective which emphasizes the need to prevent the exploitation of the working class by wealthy land owners.From a communitarian perspective, the legislation proposed in Article 68(c)(i) of Kenya’s 2010 constitution is necessary to promote the common good by ensuring that land is distributed in a way that benefits the community as a whole. Communitarianism is a political philosophy which emphasizes the collective rights of a community over the individual rights of its members, and is based on the idea that the common good should be prioritized over individual interests. This legislation would prevent wealthy land owners from exploiting the working class by hoarding land, and would ensure that the land is used to benefit the entire community. This demonstrates how a focus on economic justice requires the enactment of legislation that prescribes minimum and maximum land holding acreages in respect of private land, and supports the communitarian perspective on property.From a utilitarian perspective, the legislation is necessary to promote the greatest good for the greatest number of people, as it allows for the equitable distribution of land and resources. Utilitarianism is a moral theory that states that the right action is the one that maximizes utility or happiness for the greatest number of people. By prescribing minimum and maximum land holding acreages, the legislation would ensure that land is distributed in a way that benefits the most people. This would guarantee that the resources of the land are shared equitably, allowing for the greatest number of people to benefit from the land. This would lead to a greater overall utility or happiness for the majority of people, as they would have access to the resources of the land. Consequently, the legislation is essential to ensure that the greatest good is achieved for the greatest number of people, as it allows for the equitable distribution of land and resources.From a feminist perspective, the legislation is necessary to protect women's rights to access and control of land, which is essential for economic justice and the empowerment of women. Women's access to and control of land is a fundamental right that is often denied due to gender-based discrimination. According to the United Nations, women own less than 20% of the world's land, and in some countries, the figure is as low as 2%. This lack of access to land has a direct impact on women's economic security, as it restricts their ability to generate income and build assets. Moreover, women's lack of control over land can lead to further discrimination, as they are often excluded from decision-making processes related to land use and management. Therefore, the enactment of legislation that prescribes minimum and maximum land holding acreages in respect of private land is necessary to ensure economic justice and the empowerment of women. Such legislation would provide women with the legal framework to access and control land, enabling them to build economic security and participate in decision-making processes. This would be a crucial step towards achieving gender equality and ensuring that women have the same rights and opportunities as men.In conclusion, this essay has explored how a focus on economic justice requires the enactment of legislation that prescribes minimum and maximum land holding acreages in respect of private land, and discussed the theoretical perspectives on property which support passing such legislation. From a Lockean perspective, the legislation is necessary to protect individuals’ rights to their property. From a Marxist perspective, the legislation is necessary to prevent the exploitation of the working class by wealthy land owners. From a communitarian perspective, the legislation is necessary to promote the common good by ensuring that land is distributed in a way that benefits the community as a whole. From a utilitarian perspective, the legislation is necessary to promote the greatest good for the greatest number of people, as it allows for the equitable distribution of land and resources. From a feminist perspective, the legislation is necessary to protect women's rights to access and control of land, which is essential for economic justice and the empowerment of women. It is clear that the enactment of this legislation is essential for achieving economic justice, and it is the responsibility of legislators to ensure that this legislation is passed in order to protect the rights of all citizens.
