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I agree that in
the state of nature working on the land or
working with other natural resources and
producing something of value ought to give the
person who does it some sort of claim to use
and control the product.
Lawrence Becker discusses
what he calls the "labor" argument at some
length. He finds one version of it to be a
sound argument. It's an argument that he
attributes to J.S.Mill. It goes like this:
[W]hen
the labor is (1) beyond what is required,
morally, that one do for others; (2)
produces something which would not have
existed except for it; and (3) its product
is something which others lose nothing by
being excluded from; then (4) it is not
wrong for producers to exclude others from
the possession , use, etc. of the fruits of
their labors. (Becker, p. 41, brackets
added)
Becker agrees with this
argument, but he also adds that the "no loss"
requirement imposes substantial limitations on
it. The big question is "what are those
limitations?" While this argument may capture
what seems intuitive about Dee's argument, it
won't justify the full blown modern
libertarian property rights she wants.
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