Both "private" and "property" have changed meaning frequently over time, both legally and as social constructs. One American judicial philosophy is "pragmatism"

Both "private" and "property" have changed meaning frequently over time, both legally and as social constructs. One American judicial philosophy is "pragmatism" -- that a judge should rule however is best for society, then explain why the law should be interpreted that way afterwards. In this fashion, the law can keep up with the times. It's likely that most judges follow this pragmatism, even if they claim to believe in a different, more idealized philosophy. It's hard to falsify that hypothesis. We'd have to find several cases where the judge admitted that the ruling was worse for the world and yet must be enforced as the best interpretation of the law or precedent.