The typical method of acquiring a property right involves transfer from a previous owner. But sooner or later, that chain of transfers traces back to the beginning. That is why we have a philosophical problem. How does a thing legitimately become a piece of property for the first time ? In this essay, I follow the custom of distinguishing between mere liberties and full-blooded rights. If I have the liberty of doing X , then it is permissible for me to (...) do X . But the mere fact that I am at liberty to do X leaves open the possibility that you might be at liberty to interfere with my doing X . Accordingly, liberties are not full-blooded rights, since my having a right to do X has the additional implication that others are not at liberty to interfere with my doing X . When it comes to mere liberties, interference is not a violation. You can violate rights, but you cannot violate liberties. (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)

Capitalism is often defended by appeals to natural rights: only in a free market, it is said, are people protected from the illegitimate intrusions of others. Coercion, either to prevent exchanges or to redistribute wealth, violates people's rights. But much of the property people have acquired came not from their own effort or the efforts of those who gave them gifts, but instead was taken from nature. Thus the question I propose to discuss in this paper: How is it that (...) an unowned natural resource can legitimately be acquired for private benefit? Much thought has been given by libertarian defenders of capitalism to justifying the claim that, once owned, property cannot be taken without its owner's consent. Relatively little attention has been paid, however, to how the original acquisition can be justified. Indeed, I argue here that if one approaches the problem of resource appropriation from the perspective of the Lockean ‘proviso,’ that enough and as good must be left in common, then the typical method of acquiring property under capitalism is unjust. Libertarians must either give up the individualistic, state of nature approach to economic justice or admit that appropriation of natural resources requires compensation of people who do not get a share of the resource. (shrink)