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I think there is a
plausible connection between self-ownership and
taking ownership of the objects we find around
us. I say that because it is what I add to the
object I find that gives it most of its value.
It is my labor and my ideas that make the
difference between uncultivated land that serves
no one and a farm that can feed my family and
others as well.
But let's set that aside. Let me start
over, and this time I will not mention
self-ownership.
I think that the best approach to understanding
property is to think in terms of what Robert
Nozick called an historical entitlement theory.
The idea here is that the justice of the
distribution of property at any particular place
and time depends on the justice of initial
acquisition and the justice of later transfers.
If the initial acquisition was just and the
subsequent transfers were just, then the
current distribution is just. It doesn't
matter whether the current distribution
satisfies some other moral principle such as the
principle of utility. It doesn't matter whether
the current distribution fits a pattern that we
think is ideal.
The big problem is the problem of "initial
acquisition." How does anyone first begin to own
anything? To answer that question, I want to
take a very traditional approach by starting
from what is often called the "state of nature."
When we imagine people in the state of nature,
we are imagining them without government. What
would be the relationship between people and
natural resources in that situation?
Take land for example. What would be the
relationship between people and the land they
find around them in the state of nature? It
seems to me that the relationship would be as
follows:
- No one owns any land to begin with.
People would see land around them, but
none of it is owned by anyone.
- Everyone is free to make use of a piece
of land. In other words, the land is
available to everyone.
- Since no one owns any of the land, it
is available to be acquired.
Now, from this starting point, what can happen?
What is morally
permissible? It seems to me that people
would be perfectly justified in doing the
following:
- By taking various actions such as
clearing and planting, individual people
(or maybe families) could occupy land,
work it, and raise a crop for their
benefit. If people do not
have the right to do this, then they would
be morally bound to do nothing and starve.
But none of us believe that to be true. It
would be morally absurd.
- Furthermore, by occupying and working
the land people would acquire property
rights to it. It would violate those
rights if other people simply came and
took the land or the harvest for
themselves. Again, it would be morally
absurd to say that the rights of the
occupiers are not violated if, after they
have worked to raise a crop, others could
come and take whatever they want.
That's my first argument. I have other
arguments based on the contractarian approach,
but we'll talk about that later.
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