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I've got more to say
about why I think Dee's argument for really
strong property rights in the state of nature
fails. My first argument was that It would
justify a situation in which a few people take
control of one of the necessities of life and
could reduce the others to a condition near
slavery. They might not do it, I agree. But that
misses the point. The point is that they would
be justified
in doing it if your view is correct.
That, to me, is morally unacceptable and I think
most people would agree.
Dee, I want you to consider more problems with
what you have said ---
First of all, you're talking as though all
libertarians take a position similar to Roger
Pilon or perhaps Robert Nozick. That's not true.
If we think of libertarians as people who
believe in very strong forms of self-ownership,
then we must admit that there are both
right-libertarians and left-libertarians. One
left-libertarian, Peter Vallentyne, believes
that original acquisition of natural resources
requires that some form of compensation be paid
to non-owners. My point is that you have to
respond to left-libertarians as well as
utilitarians like Ann and crazy leftists like
Vera.
Second, you are claiming that in the state of
nature there is some set of actions that can
confer an extensive, exclusive, permanent right
to property in land and other resources. How on
earth can you prove such a thing? At best your
argument justifies a limited right to USE land
to raise food. That is nowhere near the
exclusive rights you want to establish. What
actions are supposed to confer these strong
property rights on people? Is it mixing one's
labor, as Locke suggested? It's hard to see what
that means if it is more than a metaphor. But,
as others have pointed out, it's even harder to
see how it confers exclusive ownership. On the
other hand, some people have said that first
occupancy is the crucial act. Why is that so
important? It might generate a USE right, but
you want way more than that.
Samuel Pufendorf, the 17th-century German
philosopher, said that he couldn't see how a
"bare corporal Act" could confer ownership
without the consent of others. That's still a
very good question. You're trying to deduce a
moral conclusion ("Person A has exclusive rights
to control resource X") from simple descriptive
facts like "A plowed the ground around X" or "A
put a fence around X." You need a moral
premise -- a moral principle of acquisition --
that connects these two very different kinds of
statement. What is it? You haven't offered
anything.
Third, you seem to be forgetting that even if
the earth was not held in common in the state of
nature, everyone had a right to go forth and use
portions of it. As people occupy land and take
ownership of it, as you advocate, others lose
the right to make use of it. Gradually there
will be less and less for non-owners to use.
Eventually there will only be the poorest land
(or the least valuable resources) left. This is
a huge loss. Because of it, the people who take
ownership in the better land owe compensation to
those who have lost the right to use it and
acquire it.
And finally, the entire way that you are
conceptualizing your argument completely ignores
the possibility of competing moral concerns
that limit individual rights and their exercise.
You're trying to construct a strong property
right in isolation from other moral
concerns. That's a mistake. Life always involves
many moral concerns that interact and limit each
other. Property is not different from other
rights in this respect. We would be better off
it we made this clear from the start.
So in the end either owners have much more
limited rights than you seek to establish or the
owners have obligations to others that they must
fulfill in order to justify their ownership.
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