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I wonder
a lot about these all these questions about property. Are there
natural rights to property? What are their limitations? Do they
continue to exist in political society, that is, in society with
government? What is the role of government in defining or modifying
property rights?
It seems to me that we might say that a person has a strong
justified property right in the state of nature to what he or she
has created using natural resources, assuming that the Lockean
proviso has been met. Even here, however, such a right to use his or
her property would be limited because of the consequences that
affect others. How could anyone have a right to do whatever they
wanted with anything, even if they made it?
When the proviso is not met, different rules would apply. A rule
might be chosen that provides for more limited property rights based
on the labor and creativity that a person has "mixed" with natural
resources. But this right could not be nearly as strong as the one
that would be justified when there are plenty of resources left over
for other to apply their own labor to. And, again, there would still
be justified limitations on this lesser property right because of
the consequences of the owner's actions on others.
It's hard to imagine any institution other than government that
would specifically define these limited property rights or the
limitations that must be placed on them because of consequences.
I don't see how a completely deontological property
right could be justified under any circumstances. But I also don't
agree that property rights should be completely based on
consequences for the general welfare or that of any other group. It
seems to me that the most reasonable view of property involves
deontological and consequentialist
elements.
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