There are at least three tolerably distinct views about the connections between liberty and property; two of these I shall discuss fairly briefly in order to get on to Mill's central claims about the relationship between property rights and freedom, but in conclusion I shall return to them to show how they bear on what Mill has to say.

This article examines Nozick's claim (in Anarchy, State and Utopia) to have shown that a commitment to individual liberties requires acceptance of full capitalist property rights. The main gap in Nozick's argument is that he fails to show how individuals can become entitled to full control over previously unheld resources. Nozick draws on Locke's view that title is acquired by ?mixing one's labour?. But he excises certain (dubious) premisses on which Locke's theory relies and provides no alternative grounds for thinking (...) that the labourer is entitled to full control over his product. (shrink)

Lockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common (...) property arrangements be converted to privatized units. This often motivates a move away from natural law in the moral analysis of property rights. I argue however that it is not the deontological nature of Lockean principles that are at fault, but rather the manner of their application. Lockean theory often exhibits a bias in favour of private property: assuming that only private property can protect one’s interest in autonomy, and therefore asserting that each individual has a power of private acquisition. Starting with a claim against interference however enables us to mould the appropriate property rights to each individual’s particular interest in autonomy. This sometimes leads to private ownership, but often leads to various forms of commons. (shrink)

According to the negative principle of appropriation a person can acquire an unowned resource if doing so respects a certain condition (the Lockean proviso). Contrary to some views, a proviso of this sort is not incompatible with libertarianism. Moreover, no unilateral powers of acquisition can fail to consider the impact on the interests of others. Hence, a doctrine of appropriation must incorporate such a proviso. However, the several interpretations such a proviso can take on various dimensions will be either implausible (...) as a way of taking into consideration the interests of others, or unable to generate the kind and extent of property rights libertarians typically endorse. (shrink)

addressing you, that probably the most easy and natural way for me to explain Anarchism would be for me to give the reasons why I myself am an Anarchist. I am not sure that they were altogether right in the matter, because in giving the reasons why I am an Anarchist, I may perhaps infuse too much of my own personality into the subject, giving reasons sufficient unto myself, but which cool reflection might convince me were not particularly striking as (...) reasons why other people should be Anarchists, which is, after all, the object of public speaking on this question. (shrink)

Libertarianism holds that agents initially fully own themselves and have moral powers to acquire property rights in external things under certain conditions. It is normally advocated as a theory of justice in the sense of the duties that we owe each other. So understood, it is silent about any impersonal duties (i.e., duties owed to no one) that we may have.

The essays in this book began as a contributions to a Summer Workshop arranged by the Calgary Institute for the Humanities, and haled at the University of Calgary from July 7 to 14, 1978. The Institute, which was founded by the University in 1976 for the encouragement of humanistic studies, has held such conferences each summer as a part of its programme of research.

In this paper we articulate and diagnose a previously unrecognized problem for theories of entitlement, what we call the Claims Conundrum. It applies to all entitlements that are originally generated by some claim-generating action, such as laboring, promising, or contract-signing. The Conundrum is spurred by the very plausible thought that a later claim to the object to which one is entitled is a function of whether that original claim-generating action is attributable to one. This is further assumed to depend on (...) one’s being identical to the person who performed the claim-generating action. But the right theory of personal identity for grounding these later claims proves quite elusive. In demonstrating both the Claims Conundrum and diagnosing its source, we begin with its instantiation in John Locke’s theories of personal identity and initial acquisition, and then we gradually expand its net to include both Lockean and non-Lockean theories of both, moving ultimately to show that this is a problem for most entitlements generally. We then diagnose the source of the trouble, showing that a basic assumption about the link between attributability and identity that most people take to be obvious is in fact false, clearing a path for future investigation into this overlooked but serious problem’s resolution. (shrink)