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I'm perfectly willing to
talk about a hypothetical social contract as the
basis of property rights. A little while ago I
introduced Aaron Lomasky's libertarian argument
for individual rights. He believes that strong
individual rights would be agreed to by rational
individuals looking mainly after their own
interests.
Lomasky extends his argument
to justify strong property rights. Here's a
quote:
Property
rights demarcate moral space within which
what one has is marked off as immune from
predation. Access to and command over
goods that can confidently be expected to
be available throughout the course of
one's efforts is required for successful
project pursuit. Security in one's
possessions --what one has-- is of value
to everyone, and, therefore, each
individual has some reason to extend
deference to others with respect to their
holdings conditional upon the receipt of
like deference. The creation of social
institutions that recognize and define
principles of noninterference with
persons' holdings transform having into
rightful
possession. (Lomasky, p. 121)
Starting with prudence, Lomasky leads us to strong
individual rights, including property rights. He
doesn't rely on a conceptual proof like Alan
Gewirth. He's asking what real people with real
interests and real projects would agree to.
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