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Dee, following Nozick, has
claimed that people can have very strong,
nearly absolute, rights to property in the
state of nature and that those rights continue
to exist in societies with governments.
That claim has to be
seriously qualified in a way that should have
been included previously in our discussion.
The property rights of owners have to be
limited because the actions of owners have to
be limited. And the actions of owners have to
be limited because of the consequences that
they have for others.
At the very least we have to
say that the actions of owners are limited by
the fact that they cannot violate the rights
of others. If I use my property in such a way
that it pollutes the air or the water, have I
violated the rights of others? I think most of
us would agree that I have.
This means at the very least
that property rights cannot be understood
without a complete scheme of rights. They
cannot be separated and talked about in such
absolute terms. We need a full theory of
rights in order to see how other rights limit
what anyone can do with their property.
This may end up imposing
some very strict limits on what people can do
with their property.
And this is true if we stay
entirely within a rights analysis of property.
If we broaden our analysis and begin to
consider the consequences in general of using
property in various ways, we may have to agree
to even more stringent limitations on property
rights.
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