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Let me interrupt here
for a minute. I want to go back to something
that Dee and John and Vera were arguing about a
few minutes ago.
Dee was claiming that in the state of nature,
prior to ownership, natural resources are simply
there. No one owns them and everyone has a
right to take ownership of them. Through labor
or occupancy (or some other series of actions)
anyone can acquire an EXCLUSIVE right to, say, a
piece of land. John agreed that everyone in the
state of nature has a USE right to natural
resources, but claimed that stronger rights
would have to be limited by a strong proviso
that protected non-owners. Otherwise, he
claimed, a few people could take exclusive
ownership of all the valuable resources and
reduce the others to utter dependence. That, he
claimed, was morally absurd. Vera claimed that
it was simply magical thinking to believe that
some series of actions could confer an exclusive
right on anyone when resources are scarce.
Now, Dee's view is similar to the views of Hugo
Grotius in the 17th century and Roger Pilon at
the Cato Institute today. Another 17th-century
figure, Samuel Pufendorf took a view something
like Vera's. He could not see how individual
actions, in the absence of an agreement, could
create exclusive property rights.
Suppose we follow up on Pufendorf's point about
an absence of agreement. What if there were an
agreement about property rights? That puts us
back in contractarian territory. What if we set
aside the notion of property rights created by
individual action and think for a moment about
rights created by a hypothetical agreement.
We have already introduced
several contractarian writers? What do they
say about property? Can they help?
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