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  1. Locke and George on Original Acquisition.Paul Forrester - manuscript
    Natural resources, especially land, play an important role in many economic problems society faces today, including the climate crisis, housing shortages and severe inequality. Yet, land has been either entirely neglected or seriously misunderstood by contemporary theorists of distributive justice. I aim to correct that in this paper. In his theory of original acquisition, Locke did not carefully distinguish between the value of natural resources and the value that we add by laboring upon them. This oversight led him to the (...)
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  2. Historical Theory of Justice and Universal Basic Income.Konstantin Morozov - 2024 - In Angelina Baeva & Antonina Konkova (eds.), Philosophy in the XXI century: New Strategies of Philosophical Search. Moscow: MAX Press. pp. 138-150.
    Is a basic income ethically justifiable? This article offers several arguments in favor of a basic income from the perspective of Robert Nozick’s historical theory of justice. The first section outlines three basic principles of Nozick’s theory and explains its connections to libertarianism and natural rights theory. The second section argues for the adoption of the Lockean proviso as a limitation on the principle of original appropriation. It then presents three interpretations of the Lockean proviso: the Nozick’s proviso, the sufficiency (...)
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  3. A Minimalist Theory of Appropriation.Gabriele Contessa - 2022 - The Journal of Ethics 26 (2):319-335.
    This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist theory places (...)
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  4. Lockean Proviso and Basic Income.Konstantin Morozov - 2022 - Problems of Ethics 11:29-46.
    Libertarianism is a theory of justice that places significant moral weight on exclusive property rights. On this basis, many libertarian philosophers, from Robert Nozick to Michael Huemer, criticize any form of income redistribution. Ironically, some libertarians, following Philippe Van Parijs, Matt Zwolinski, and Charles Murray, have supported the introduction of an unconditional basic income. This essay seeks to prove that this support is not just a political compromise. By contrast, libertarian justice advocates have a strong moral basis for supporting income (...)
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  5. But anyone can mix their labor: a reply to Cheneval.Jakob Thrane Mainz - 2021 - Critical Review of International Social and Political Philosophy 24 (2):276-285.
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  6. Hunger, Need, and the Boundaries of Lockean Property.David G. Dick - 2019 - Dialogue 58 (3):527-552.
    Locke’s property rights are now usually understood to be both fundamental and strictly negative. Fundamental because they are thought to be basic constraints on what we may do, unconstrained by anything deeper. Negative because they are thought to only protect a property holder against the claims of others. Here, I argue that this widespread interpretation is mistaken. For Locke, property rights are constrained by the deeper ‘fundamental law of nature,’ which involves positive obligations to those in need and confines the (...)
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  7. Sufficiency and freedom in Locke’s theory of property.Daniel M. Layman - 2018 - European Journal of Political Theory 17 (2):152-173.
    It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is the (...)
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  8. Harvesting the uncollected fruits of other people’s intellectual labour.Cristian Timmermann - 2017 - Acta Bioethica 23 (2):259-269.
    Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed to cooperate with (...)
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  9. The Role of Appropriation in Locke's Account of Persons and Personal Identity.Ruth Boeker - 2016 - Locke Studies 16:3–39.
    According to Locke, appropriation is a precondition for moral responsibility and thus we can expect that it plays a distinctive role in his theory. Yet it is rare to find an interpretation of Locke’s account of appropriation that does not associate it with serious problems. To make room for a more satisfying understanding of Locke’s account of appropriation we have to analyse why it was so widely misunderstood. The aim of this paper is fourfold: First, I will show that Mackie’s (...)
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  10. A Justificativa Lockeana para a Propriedade.Diego Mileli - 2016 - Itaca 29:82-99.
    O presente artigo analisa a propriedade privada a partir da teoria de John Locke no que se refere à aquisição originária. São discutidos o princípio da apropriação pelo trabalho, os limites à propriedade privada pelo deixar em comum para apropriação pelos demais 'o suficiente e de mesma qualidade' - o que Nozick nomeia como 'cláusula lockeana' –, bem como a possibilidade de acumulação. Para isso serão analisados os argumentos apresentados por Locke, acompanhado das críticas elaboradas por Robert Nozick.
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  11. Individual Communitarianism: Exploring the Primacy of the Individual In Locke’s and Hegel’s Rights.Beatriz Hayes Meizoso - 2015 - Espíritu 70 (141):35-50.
    The objective of this article is to compare and contrast the influential notion of natural and property rights created by John Locke in his "Second Treatise on Government" (1689) to the posterior notion of abstract right expressed by Georg Wilhelm Friedrich Hegel in his "Elements of the Philosophy of Right". Said analysis is particularly pertinent given the complexity of Hegel’s political philosophy, and, perhaps more importantly, seeing as Hegel’s abstract right was (allegedly and in part) intended to point out the (...)
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  12. On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright.Maxime Lambrecht - 2015 - Ratio Juris 28 (4):504-520.
    Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?
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  13. Locke's State of Nature.Chris Lazarski - 2013 - In Janusz Grygiensl (ed.), Human Rights and Politics. Erida.
    Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way to (...)
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  14. The Lockean Enough-and-as-Good Proviso: An Internal Critique.Helga Varden - 2012 - Journal of Moral Philosophy 9 (3):410-442.
    A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with the (...)
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  15. The Metaphysics of Locke's Labour View.Peter Martin Jaworski - 2011 - Locke Studies 11:73-106.
    This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...)
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  16. (1 other version)Locke and the Right to (Acquire) Property: A Lockean Argument for the Rawlsian Difference Principle.Richard Oxenberg - 2010 - Social Philosophy Today 26:55-66.
    The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on the consent of (...)
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  17. Locke's Waste Restriction and His Strong Voluntarism.Helga Varden - 2006 - Locke Studies 6:127-141.
    This paper argues that there is a conflict between two principles informing Locke’s political philosophy, namely his waste restriction and his strong voluntarism. Locke’s waste restriction is proposed as a necessary, enforceable restriction upon rightful private property holdings and it yields arguments to preserve and redistribute natural resources. Locke’s strong voluntarism is proposed as the liberal ideal of political obligations. It expresses Locke’s view that each individual has a natural political power, which can only be transferred to a political body (...)
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  18. The metaphysics of real estate.Barry Smith & Leo Zaibert - 2001 - Topoi 20 (2):161-172.
    The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...)
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  19. Locke on Express and Tacit Consent.Paul Russell - 1986 - Political Theory 14 (2):291-306.
    THE SUBJECT MATTER of this essay is Locke's well-known discussion of consent in sections 116-122 of the Second Treatise of Government.' I will not be concerned to discuss the place of consent in Locke's political philosophy 2 My concerns are somewhat narrower than this. I will simply be concerned to show that in important respects several recent discussions of Locke's political philosophy have misrepresented Locke's views on the subject of express and tacit consent. At theheart of these misinterpretations lie misunderstandings (...)
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