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Libertarianism

Stanford Encyclopedia of Philosophy (2008)

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  1. Original Acquisition and Unilateralism: Kant, Hegel, and Corrective Justice.N. Sage - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):119-136.
    Contemporary Kantians suggest that the original acquisition of property is problematic for Kant’s theory of private law. Kant requires that private law obligations be consistent with the equal freedom of everyone. However, a rule of original acquisition seems to favor the acquirer’s freedom over others’: the acquirer originally obtains property in an unowned object simply by taking control of it, and thus seems to impose obligations on everyone else through her own “unilateral” action or choice. This article first addresses proposed (...)
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  • A treatise of human nature.David Hume - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late modern philosophy: essential readings with commentary. Oxford: Wiley-Blackwell.
    Unpopular in its day, David Hume's sprawling, three-volume A Treatise of Human Nature (1739-40) has withstood the test of time and had enormous impact on subsequent philosophical thought. Hume's comprehensive effort to form an observationally grounded study of human nature employs John Locke's empiric principles to construct a theory of knowledge from which to evaluate metaphysical ideas. A key to modern studies of eighteenth-century Western philosophy, the Treatise considers numerous classic philosophical issues, including causation, existence, freedom and necessity, and morality. (...)
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  • The ethics of liberty.Murray Rothbard - 1982 - Atlantic Highlands, N.J.: Humanities Press.
    In his new introduction to this current edition of this classic in the field originally published in 1982 (Humanities Press), Hoppe (economics, U. of Nevada, Las Vegas--as was the late author) extols Rothbard's marriage of the "value-free" science of economics with the normative enterprise of ethics and their offspring: libertarianism. Discussion areas are: natural law, a theory of liberty, the state vs. liberty, modern alternative theories of liberty, and toward a theory of strategy for liberty. Annotation copyrighted by Book News, (...)
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  • Backing Away from Libertarian Self-Ownership.David Sobel - 2012 - Ethics 123 (1):32-60.
    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. (...)
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  • Imposing Duties and Original Appropriation.Bas van der Vossen - 2015 - Journal of Political Philosophy 23 (1):64-85.
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  • Liberal Loyalty: Freedom, Obligation, and the State.Anna Stilz - 2009 - Princeton University Press.
    Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, and Habermas, (...)
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  • Elements of justice.David Schmidtz - 2006 - New York: Cambridge University Press.
    What is justice? Questions of justice are questions about what people are due, but what that means in practice depends on context. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, thus, is a constellation of elements that exhibit a degree of integration and unity, but the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood rather than that of (...)
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  • State Legitimacy and Self-defence.Massimo Renzo - 2011 - Law and Philosophy 30 (5):575-601.
    In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter the state. This duty (...)
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  • Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
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  • The Moral Magic of Consent: Heidi M. Hurd.Heidi Hurd - 1996 - Legal Theory 2 (2):121-146.
    We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do (...)
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  • The Problem of Political Authority.Michael Huemer - 2012 - New York: Palgrave Macmillan.
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  • Coercion, ownership, and the redistributive state: Justificatory liberalism's classical tilt: Gerald Gaus.Gerald Gaus - 2010 - Social Philosophy and Policy 27 (1):233-275.
    Justificatory liberalism is liberal in an abstract and foundational sense: it respects each as free and equal, and so insists that coercive laws must be justified to all members of the public. In this essay I consider how this fundamental liberal principle relates to disputes within the liberal tradition on “the extent of the state.” It is widely thought today that this core liberal principle of respect requires that the state regulates the distribution of resources or well-being to conform to (...)
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  • Illiberal Libertarians: Why Libertarianism Is Not a Liberal View.Samuel Freeman - 2001 - Philosophy and Public Affairs 30 (2):105-151.
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  • Private Government: How Employers Rule Our Lives.Elizabeth Anderson - 2017 - Princeton University Press.
    Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, (...)
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  • The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
    The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...)
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  • Summa Theologica.Thomasn D. Aquinas - 1273 - Hayes Barton Press. Edited by Steven M. Cahn.
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  • Natural Law and Natural Rights.John Finnis - 1979 - New York: Oxford University Press UK.
    Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.
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  • The theory of moral sentiments.Adam Smith - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late modern philosophy: essential readings with commentary. Oxford: Wiley-Blackwell.
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  • The Realm of Rights.J. J. Thomson - 1990 - Philosophy 66 (258):538-540.
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  • An essay on rights.Hillel Steiner - 1994 - Oxford, UK ;: Blackwell.
    This book addresses the perennial question: What is justice?
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  • Libertarianism and the state.Peter Vallentyne - 2007 - Social Philosophy and Policy 24 (1):187-205.
    Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa (...)
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  • Libertarianism Without Inequality.Michael Otsuka - 2003 - Oxford, GB: Oxford University Press UK.
    Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism is founded on (...)
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  • Toward a Libertarian Theory of Inalienability: A Critique of Rothbard, Barnett, Smith, Kinsella, Gordon, and Epstein.Walter Block - 2017 - Journal of Libertarian Studies 2:39-85.
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  • Are Liberty and Equality Compatible?Jan Narveson & James P. Sterba - 2012 - Cambridge University Press.
    Are the political ideals of liberty and equality compatible? This question is of central and continuing importance in political philosophy, moral philosophy, and welfare economics. In this book, two distinguished philosophers take up the debate. Jan Narveson argues that a political ideal of negative liberty is incompatible with any substantive ideal of equality, while James P. Sterba argues that Narveson's own ideal of negative liberty is compatible, and in fact leads to the requirements of a substantive ideal of equality. Of (...)
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  • The Order of Public Reason: A Theory of Freedom and Morality in a Diverse and Bounded World.Gerald Gaus - 2010 - New York: Cambridge University Press.
    In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...)
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  • Anarchy and legal order: law and politics for a stateless society.Gary Chartier - 2013 - New York: Cambridge University Press.
    Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.
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  • The Perfectionist Turn: From Metanorms to Metaethics.Douglas Den Uyl & Douglas Rasmussen - 2016 - Edinburgh: Edinburgh University Press. Edited by Douglas B. Rasmussen.
    Contemporary political philosophy - especially in the works of Martha Nussbaum, John Rawls and Amartya Sen - has assumed that it can separate itself off from other philosophical positions and frameworks. In this book, Den Uyl and Rasmussen challenge this trend by moving from the liberalism they advocate in their earlier work to what they call 'individualistic perfectionism' in ethics. They continue to challenge the assumption that a neo-Aristotelian ethical framework cannot support a liberal, non-perfectionist political theory by filling in (...)
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  • Locke on property.J. P. Day - 1966 - Philosophical Quarterly 16 (64):207-220.
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  • The Myth of Property: Toward an Egalitarian Theory of Ownership.John Christman (ed.) - 1994 - Oup Usa.
    Departing from most studies of property, this book focuses directly on the concept of ownership, on the complex structure of property rights, and the relation between that structure and distributive justice. The traditional view that ownership must amount to full sovereignty over what is owned is abandoned. A new theory of property is put forward, one which more accurately reflects the various social values that property ownership protects, but which also makes egalitarian economic principles more compelling and powerful.
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  • Rescuing the Libertarian Non-Aggression Principle.Billy Christmas - 2018 - Moral Philosophy and Politics 5 (2):305-325.
    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 (...)
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  • Property and Justice: A Liberal Theory of Natural Rights.Billy Christmas - 2021 - Routledge.
    This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of (...)
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  • Ambidextrous Lockeanism.Billy Christmas - 2020 - Economics and Philosophy 36 (2):193-215.
    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 (...)
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  • When may we kill government agents? In defense of moral parity.Jason Brennan - 2016 - Social Philosophy and Policy 32 (2):40-61.
    :This essay argues for what may be called the parity thesis: Whenever it would be morally permissible to kill a civilian in self-defense or in defense of others against that civilian's unjust acts, it would also be permissible to kill government officials, including police officers, prison officers, generals, lawmakers, and even chief executives. I argue that in realistic circumstances, violent resistance to state injustice is permissible, even and perhaps especially in reasonably just democratic regimes. When civilians see officials about to (...)
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  • When All Else Fails: The Ethics of Resistance to State Injustice.Jason Brennan - 2018 - Princeton University Press.
    Why you have the right to resist unjust government The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their governments: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is a fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow (...)
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  • Against Democracy: New Preface.Jason Brennan - 2016 - Princeton: Princeton University Press.
    Hobbits and hooligans -- Ignorant, irrational, misinformed nationalists -- Political participation corrupts -- Politics doesn't empower you or me -- Politics is not a poem -- The right to competent government -- Is democracy competent? -- The rule of the knowers -- Civic enemies.
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  • Fragmenting property.Daniel Attas - 2005 - Law and Philosophy 25 (1):119-149.
    The orthodoxy on the concept of ownership is given by Honoré's list of incidents. The idea this portrays is as ownership as a very flexible concept. The main purpose of this paper is to argue that the concept of property has much more integrity than the notion of a bundle of incidents may suggest. The Libertarian Challenge claims that redistributive theories of Justice, in so far as they impose involuntary taxes, are inconsistent with property rights, and are therefore unjustifiable. One (...)
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  • “The Moral Magic of Consent.Larry Alexander - 1996 - Legal Theory 2 (3):165-174.
    I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.
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  • The Sufficiency Proviso.Fabian Wendt - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 169-183.
    A libertarian theory of justice holds that persons are self-owners and have the Hohfeldian moral power to justly acquire property rights in initially unowned external resources. Different variants of libertarianism can be distinguished according to their stance on the famous Lockean proviso. The proviso requires, in Locke’s words, to leave ‘enough and as good’ for others, and thus specifies limits on the acquisition of property. Left-libertarians accept an egalitarian interpretation of the proviso, ‘right-libertarians’ either reject any kind of proviso or (...)
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  • Why Left‐Libertarianism Is Not Incoherent, Indeterminate, or Irrelevant: A Reply to Fried.Peter Vallentyne, Hillel Steiner & Michael Otsuka - 2005 - Philosophy and Public Affairs 33 (2):201-215.
    In a recent review essay of a two volume anthology on left-libertarianism (edited by two of us), Barbara Fried has insightfully laid out most of the core issues that confront left-libertarianism. We are each left-libertarians, and we would like to take this opportunity to address some of the general issues that she raises. We shall focus, as Fried does much of the time, on the question of whether left-libertarianism is a well-defined and distinct alternative to existing forms of liberal egalitarianism. (...)
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  • Left‐Libertarianism: A Review Essay.Barbara H. Fried - 2004 - Philosophy and Public Affairs 32 (1):66-92.
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  • The individualists: radicals, reactionaries, and the struggle for the soul of libertarianism.Matt Zwolinski - 2023 - Oxford: Princeton University Press. Edited by John Tomasi.
    Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful? Through an examination of the history of libertarianism, this book argues that the answer is (and always has been): both. In this book we explore the neglected 19th century roots of libertarianism to show that (...)
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  • Rectification and Historic Injustice.Jason Lee Byas - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 427-440.
    This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...)
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  • Corrective rights.Hillel Steiner - 2017 - In Mark McBride (ed.), New Essays on the Nature of Rights. Portland, Oregon: Hart.
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  • Epistemic liberalism: a defence.Adam James Tebble - 2016 - New York: Routledge.
    How should the State respond to the different identity-based justice claims made by its citizens? To what extent should majority societies accede to the claims of immigrant groups whose values are so different to, and sometimes in conflict with, their own? Drawing on the work of economist and political theorist Friederich Hayek, the author builds a major critique of contemporary responses to cultural diversity and their underlying principles of justice. Critically examining multicultural, nationalist and liberal egalitarian approaches, the author claims (...)
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  • Why all Welfare States (Including Laissez-Faire Ones) Are Unreasonable.Gerald F. Gaus - 1998 - Social Philosophy and Policy 15 (2):1-33.
    Liberal political theory is all too familiar with the divide between classical and welfare-state liberals. Classical liberals, as we all know, insist on the importance of small government, negative liberty, and private property. Welfare-state liberals, on the other hand, although they too stress civil rights, tend to be sympathetic to “positive liberty,” are for a much more expansive government, and are often ambivalent about private property. Although I do not go so far as to entirely deny the usefulness of this (...)
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  • The Conscience of an Anarchist.Gary Chartier - 2011 - Apple Valley, CA, USA: Cobden Press.
    Anarchy happens when people organize their lives peacefully and voluntarily— without the aggressive violence of the state. This simple but powerful book explains why the state is illegitimate, unnecessary, and dangerous, and what we can do to begin achieving real freedom.
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  • On the Edge of Anarchy: Locke, Consent, and the Limits of Society.A. John Simmons - 1995 - Princeton University Press.
    This book completes A. John Simmons's exploration and development of Lockean moral and political philosophy, a project begun in The Lockean Theory of Rights. Here Simmons discusses the Lockean view of the nature of, grounds for, and limits on political relations between persons. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books (...)
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  • The separateness of persons and liberal theory.Matt Zwolinski - 2008 - Journal of Value Inquiry 42 (2):147-165.
    The fact that persons are separate in some descriptive sense is relatively uncontroversial. But one of the distinctive ideas of contemporary liberal political philosophy is that the descriptive fact of our separateness is normatively momentous. John Rawls and Robert Nozick both take the separateness of persons to provide a foundation for their rejection of utilitarianism and for their own positive political theories. So why do their respective versions of liberalism look so different? This paper claims that the difference is based (...)
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  • The Project Pursuit Argument for Self-Ownership and Private Property.Fabian Wendt - 2022 - Social Theory and Practice 48 (3):583-605.
    The article argues that persons should be conceived as self-owners and entitled to acquire private property within justifiable property conventions because they should be able to live as project pursuers. This is the ‘project pursuit argument’. It leads to a conception of self-ownership that is stringent, but weaker than standard libertarian notions of self-ownership, and to an understanding of private property as a convention that has to meet a sufficientarian threshold in order to be justifiable.
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  • The Right to Private Property.Jeremy Waldron - 1990 - Oxford, GB: Clarendon Press.
    Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The (...)
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