The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). (...) I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (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)

Many libertarians ground their theory of justice in a non-aggression principle. The NAP is often the basis for the libertarian condemnation of state action – that it is necessarily aggressive and therefore unjust. This approach is often criticised insofar as it defines aggression, in part, as the violation of legitimate property rights, and is therefore parasitical upon a prior – and unjustified – theory of property. While it is true that libertarians who defend the NAP sometimes fail to give a (...) satisfactory account of its relationship to libertarian property rights, such an account is in fact available. A commitment to property rights and to non-aggression can both be grounded in a commitment to non-interference. Such a principle, then, brings together the NAP and the theory of property it is parasitical upon, thus saving the unity and austerity of the overall approach. (shrink)

Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...) goes through Locke’s argument point-by-point discussing the controversy over what he said and over what he perhaps should have said to make the most valuable and coherent argument. The result is an outline of Lockean theories of property: a menu of options by which one might use appropriation to justify property rights. Supporters only need to pick the version they find most plausible, but opponents should be aware of the entire menu. Anyone claiming to refute appropriation-based property rights must address not only one but all potentially valid versions of it. (shrink)

Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and forced (...) labor are serious wrongs even when they generate more equitable outcomes or benefit the greater good. I argue that, when SO is coupled with LP, this appeal is unfounded. SO, as usually construed, allows for the possibility of justified incursions of non-culpable agents up to and including forced organ donation. I conclude by considering a few possible responses on behalf of the libertarian, assessing each one’s plausibility. (shrink)

The self-ownership thesis asserts, roughly, that agents own their minds and bodies in the same way that they can own extra-personal property. One common strategy for defending the self-ownership thesis is to show that it accords with our intuitions about the wrongness of various acts involving the expropriation of body parts. We challenge this line of defense. We argue that disgust explains our resistance to these sorts of cases and present results from an original psychological experiment in support of this (...) hypothesis. We argue further that learning that disgust is responsible for pro-self-ownership intuitions should reduce our confidence in those intuitions. After considering and rejecting some prominent “debunking” arguments predicated on disgust’s evolutionary history, we provide alternative reasons for thinking that disgust is not a reliable source of moral judgments. Rejecting the reliability of disgust as a mechanism for producing moral beliefs coheres with our considered judgments about the general kinds of considerations that are morally relevant and a range of particular moral problems. (shrink)

In Free Market Fairness, John Tomasi defends classical-liberal principles not because of real-world considerations but on ideal-theoretic grounds. However, what constitutes a sufficiently “ideal” ideal theory is debatable since, as Tomasi shows, regimes that range from laissez faire to heavily interventionist can all be classified as legitimate from the perspective of ideal theory. Conversely, if ideal theory can allow for realistic constraints, as Rawls does, then we should recognize that even under ideal-theoretic conditions, political actors face logistical, epistemic, and motivational (...) challenges that only intensify in the real world, where questions of feasibility become paramount. (shrink)

The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires (...) to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic income guarantee is the most effective method to ensure an exit option in a modern, industrial economy. (shrink)

Many libertarians assume that there is a close relation between an individual’s self-ownership and her freedom. That relation needs questioning. In this article it is argued that, even in a pre-property state, self-ownership is insufficient to protect freedom. Therefore, libertarians who believe in self-ownership should either offer a defense of freedom that is independent from their defense of self-ownership, make it explicit that they hold freedom as second to self-ownership (and defend that position), or reconsider the moral basis of their (...) political views. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self-ownership cannot ground the constraint on (...) property use that Mack, Feser, and Russell think that it can. (shrink)

Research Articles Lloyd P. Gerson, Social Philosophy and Policy, FirstView Article.

Murray N. Rothbard and Hans-Hermann Hoppe build their libertarian theory of justice on two axioms concerning self-ownership and homesteading, which are bolstered by two key arguments: reductio ad absurdum and performative contradiction. Each of these arguments is designed to demonstrate that libertarianism is the only theory of justice that can be justified. If either of these arguments were valid, it would prove the libertarian claim that the state is an unjust political arrangement. Giving due weight to the importance of the (...) libertarian anarchist claim, this article exposes and criticizes the arguments that substantiate it. (shrink)

Global poverty is a huge problem in today's world. This survey article seeks to be a first guide to those who are interested in, but relatively unfamiliar with, the main issues, positions and arguments in the contemporary philosophical discussion of global poverty. The article attempts to give an overview of four distinct and influential normative positions on global poverty. Moreover, it seeks to clarify, and put into perspective, some of the key concepts and issues that take center stage in the (...) philosophical discussion of global poverty. The four positions to be discussed are labeled the Maximalist Position, the Minimalist Position, Intermediate Position I and Intermediate Position II. After an account of these four distinct positions, we turn, in the conclusion, to a discussion of what role empirical sciences such as economics and political science should play in normative considerations about global poverty. (shrink)

Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme (...) the relation between property and social justice. The paper first offers a typology of four theories of justice (right- and left-libertarianism, luck and relational egalitarianism) and discusses the relation of each of these to the concept of property. Then it argues that solidarism is akin to left-libertarianism in the way it formulates justice as a claim to social property. Finally, it argues that solidarists cannot escape grounding their theory in a non-property based fundamental principle, which makes the theory much less distinctive from egalitarian theories of justice than may appear at first sight. (shrink)

Marxists claim capitalists unjustly exploit workers, and this exploitation is to show that workers ought to hold more than they do. This paper presents two accounts of exploitation. The Theft Account claims that capitalists steal some of the value to which workers are entitled. The Underpayment Account holds that capitalists are not entitled to pay workers as little as they do, even if the workers are not entitled to the full value they produce. This paper argues that only the Theft (...) Account can explain why workers ought to hold more than they do. The Underpayment Account cannot yield this conclusion. The Theft Account is superior to the Underpayment Account insofar as exploitation is to be an injustice—a wrong that requires the exploited party to hold more. (shrink)