This paper introduces a theory of ownership that is rooted in Israel Kirzner’s theory of entrepreneurship – The Entrepreneurial Theory of Ownership. Its central idea is that natural resources are not available to us automatically as other approaches to justice implicitly assume. Before we can use a resource, we need to do preparatory work in the form of making an entrepreneurial judgement on it. This fact, as I argue, makes it possible to put private ownership as a natural right on (...) a firm normative ground and answer many traditional challenges to private property. (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 some philosophers and social scientists, mainstream economic theories currently play an unprecedented role in shaping human societies. This phenomenon can be linked to the dissemination of methodological individualism, where common goods are interpreted as reducible to aggregates of individuals' well-being. Nonetheless, some emergent difficulties of economics in coping with global institutional issues have encouraged some authors to revise that paradigm. In the last three decades, there has been a parallel growing philosophical interest in investigating social sciences' epistemological and (...) ontological foundations. Unfortunately, these two research trends have often not communicated systematically enough to understand the specific ontology of collective aims. It is still unclear whether some irreducible social goods exist and how the answer to this question can set up a consistent understanding of cooperative actions. This dissertation addresses this issue, drawing on philosophical investigations about collective intentionality. It claims that a coherent ontological taxonomy of irreducible and reducible social goods is theoretically viable and can reframe prevailing approaches to collective action dilemmas influenced by the traditional economic categorisation of goods. The research begins by analysing how the influential theory of public goods has paved the way for some social and moral impasses. Furthermore, some theoretical proposals suggesting the existence of relational goods and common-pool resources are scrutinised. Hence, a refutation of the ontological reduction of all social goods to individual ones is developed, arguing that a specific form of cooperation, grounded in we-intentions and we-reasoning, shows the plausibility of the existence of some kinds of irreducible collective goods. Expanding on that view, a refinement of this categorisation of social goods is put forward by underlying the function of some relational entities, such as trust and shared sensemaking processes, in making cooperation robust in uncertain environments. Finally, by applying the taxonomy to collective action gridlocks regarding climate change, digital information, and public education, the consistency of this hypothesis is tested, showing that a pluralistic ontological account of social goods might improve the moral understanding of current social dilemmas. (shrink)

Libertarianism upholds individual liberty as of primary political importance. The concern for liberty leads to support for highly limited government, and sometimes even anarchism. Sometimes people come under the mistaken impression that libertarians have such a myopic concern for individual liberty that they must oppose social rules and social order. While that is too extreme, libertarianism does seem to have significant tensions with social rules, and the role of social rules within libertarianism is complex and contentious. This work aims to (...) bring out some of this complexity and to clarify the important place of social rules in libertarian thought. (shrink)

Ecosystem services are the benefits people obtain from ecosystems. Many of these services are provided outside the borders of the land where they are produced. This article investigates who is entitled to these non-excludable ecosystem services from a libertarian perspective. Taking a right-libertarian perspective, it is concluded that the beneficiaries generally hold the right to use non-excludable ecosystem services and the right to landowners not converting ecosystems. Landowners are only at liberty to convert ecosystems if they appropriated their land before (...) any beneficiary used the services and converted the ecosystems before or shortly after the beneficiaries started using the services. This means that the beneficiaries generally hold the right to compensation payments by the landowners in the event of service losses, instead of the landowners holding the right to payments for ecosystem services by the beneficiaries. Taking a left-libertarian perspective, it is concluded that landowners ought to pay for the non-excludable ecosystem services lost as a result of their activities as well as beneficiaries paying for the non-excludable ecosystem services they use. These payments are not made mutually, however, but to a central authority that distributes the returns to the community on an equal per capita basis. (shrink)

In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.

Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...) conclusion can provide the basis for a retort to those who appeal to facts about cultural diversity in order to criticise human rights discourse. (shrink)