Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Unlike most versions of egalitarianism, leftlibertarianism endorses full self-ownership, and thus places specific limits on what others may do to one’s person without one’s permission. Unlike the more familiar right-libertarianism (which also endorses full self-ownership), it holds that natural resources—resources which are not the results of anyone's choices and which are necessary for any form of activity—may be privately appropriated only (...) with the permission of, or with a significant payment to, the members of society. Like right-libertarianism, left-libertarianism holds that the basic rights of individuals are ownership rights. Such rights can endow agents—as liberalism requires—with spheres of personal liberty where they may each pursue their conceptions of “the good life”. Left-libertarianism is promising because it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting this equality. It is promising, that is, because it is a form of liberal egalitarianism. Left-libertarian theories have been propounded for over two centuries. Early exponents of some form of self-ownership combined with some form of egalitarian ownership of natural resources include: Hugo Grotius (1625), Samuel Pufendorf (1672), John Locke (1690), William Ogilvie (1781), Thomas Spence (1793), Thomas Paine (1795), Hippolyte de Colins (1835), François Huet (1853), Patrick E. Dove (1850, 1854), Herbert Spencer (1851), Henry George (1879, 1892), and Léon Walras (1896).1 It is striking how much of the current debate about equality, liberty, and responsibility has already been addressed by these authors. (shrink)

Self-ownership is a central concept not only in Anglo-American liberal/libertarian discourse but also in Marxism. This article investigates what it means to say that a person has fundamental entitlement to full property in himself. It looks at possible moments when pre-modern concepts of the self became modern ones, examining Locke’s Second Treatise and his Essay Concerning Human Understanding. The aim is to focus on continuities and discontinuities in the transition from pre-modern to modern concepts and practices of identity and agency (...) and the role that attitudes to property played within this transition. It also seeks to alert historians to the pitfalls of accepting contemporary conceptions of moral and civic agency found in normative political theory when they study pre-modern contexts and the people who lived their lives within them. It also attempts to expose certain modern limits on our understanding of society and people’s obligations to one another by rejecting the laws of the oikos as currently applied to the political domain. (shrink)

At the end of the opening chapter of his Second Treatise of Government , Locke describes political power in the following terms: ‘Political Power then I take to be a Right of making Laws with Penalties of Death, and consequently all less Penalties, for the Regulating and Preserving of Property, and of employing the force of the Community, in the Execution of such Laws, and in the defence of the Common-wealth from Foreign Injury, and all this only for the Publick (...) Good.’. (shrink)

Criticism of Locke's account of personal identity has proceeded cumulatively. Three years after the publication of the chapter “Of Identity and Diversity”, John Sergeant raised an objection which, in Bishop Butler's hands, was to become famous as the dictum that “one should really think it self-evident that consciousness of personal identity presupposes, and therefore cannot constitute, personal identity: any more than knowledge, in any other case, can constitute truth, which it presupposes”. Berkeley added, in effect, that when consciousness is taken (...) to be the criterion of personal identity, one must admit that a man conscious of segments of his life at some times and not at others both is — because “conscious of” states a transitive relation — and is not — because of lack of consciousness—the same person. (shrink)

Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian self-ownership framework. (...) I argue that all of these responses are significantly flawed. (shrink)

Some have argued that Locke's failure to condemn contemporary slavery is best viewed as a personal moral lapse which does not reflect on his political theory. I argue to the contrary.

This paper examines the thesis that human labor creates property rights in or from previously unowned objects by virtue of labor's power to make new things. This thesis is considered for two possible roles: first, as a thesis to which John Locke might have been committed in his writings on property; and second, as a thesis of independent plausibility that could serve as part of a defensible contemporary theory of property rights. Understanding Locke as committed to the thesis of makers' (...) rights has seemed to many of the best known recent Locke scholars to explain and unify Locke's various claims about property in a way that more traditional "labor-mixing" interpretations cannot. This paper argues that there is in fact no convincing evidence in Locke's texts to suggest any commitment to the thesis of makers' rights for humans. (shrink)

This article provides an assessment of Jeremy Waldron's arguments (in God, Locke and Equality and his subsequent 'Response to Critics') that Locke provides us with a compelling version of liberal equality. A close examination of the case of the criminally convicted in The Second Treatise shows how Locke's commitment to the principle of equality is compromised. This is revealed in part through recourse to contextualist considerations. This leads to the suggestion that Waldron's principled rejection of contextualist approaches to the history (...) of political ideas can lead to a distorted understanding. It also suggests a need for a more thorough consideration of how a substantive principle of moral equality should apply in the field of criminal justice and in liberal democracy more generally. (shrink)

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. Our (...) second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)