Legacy and Posthumous Property Rights

Sor Juana's works survived her silencing and death, but their interpretation and publication were controlled by others—her manuscripts edited, selections made, contexts altered. Libertarian justice extends property rights beyond the creator's lifetime because the creator has an interest in how their ideas are presented and used. Posthumous property rights protect attribution, prevent misappropriation, and allow estates or heirs to benefit from the creator's intellectual labor. Sor Juana's inability to control her own legacy reflects a property violation that persists after death: her words could be used, misrepresented, or suppressed without her consent because she had no power to enforce her property claims. Modern frameworks like copyright duration and moral rights attempt to address this by extending property protections. However, Sor Juana's case suggests that true libertarian justice requires more: institutions should protect the creator's expressed wishes regarding their work, allow descendants to defend against misrepresentation, and recognize that intellectual property has ongoing value and meaning that transcends the creator's life. Legacy rights are property rights.