Rights, Distributed and Undistributed: On the Distributive Justice Implications of Lockean Property Rights, Especially in Land

2018 ◽  
pp. 138-160
Author(s):  
James Penner
Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
Ira K. Lindsay

ABSTRACT Two rival approaches to property rights dominate contemporary political philosophy: Lockean natural rights and egalitarian theories of distributive justice. This article defends a third approach, which can be traced to the work of David Hume. Unlike Lockean rights, Humean property rights are not grounded in pre-institutional moral entitlements. In contrast to the egalitarian approach, which begins with highly abstract principles of distributive justice, Humean theory starts with simple property conventions and shows how more complex institutions can be justified against a background of settled property rights. Property rights allow people to coordinate their use of scarce resources. For property rules to serve this function effectively, certain questions must be considered settled. Treating existing property entitlements as having prima facie validity facilitates cooperation between people who disagree about distributive justice. Lockean and egalitarian theories endorse moral claims that threaten to unsettle property conventions and undermine social cooperation.


Ethics ◽  
1977 ◽  
Vol 87 (2) ◽  
pp. 142-149 ◽  
Author(s):  
John Exdell

Author(s):  
Govind Persad

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice.


Taxation ◽  
2018 ◽  
pp. 60-80 ◽  
Author(s):  
Geoffrey Brennan

Does the fact that considerations of distributive justice entitle governments to interfere with the distribution (of income/wealth/consumption) that emerges from market interactions imply that the property rights structure on which that market distribution is based has no normative authority in structuring government/citizen interactions? That claim is one implied by Nagel and Murphy in their book The Myth of Ownership. Chapter 3 proposes that this claim is false; but insists that denying that claim does not entail denying the legitimacy of public redistribution through the tax-transfer process. One central claim is that the concept of horizontal equity—that individuals should pay taxes in relation to their aggregate returns from market activity—may be thought of as a principle that appropriately reconciles the competing normative claims of the private property rights structure on the one hand with other requirements of distributive justice.


2012 ◽  
Vol 25 (1) ◽  
pp. 119-136 ◽  
Author(s):  
N.W. Sage

Contemporary Kantians suggest that the original acquisition of property is problematic for Kant’s theory of private law. Kant requires that private law obligations be consistent with the equal freedom of everyone. However, a rule of original acquisition seems to favor the acquirer’s freedom over others’: the acquirer originally obtains property in an unowned object simply by taking control of it, and thus seems to impose obligations on everyone else (to respect the property right) through her own “unilateral” action or choice. This article first addresses proposed Kantian solutions to the supposed “unilateralism” problem, which involve the creation of a “civil condition” of public legal institutions to determine property rights. Such solutions make property rights a matter of distributive justice rather than corrective justice. Moreover, they cannot actually solve the unilateralism problem. But in any event, the supposed “unilateralism” problem is in fact no problem at all for Kant. This is because one person’s original acquisition does not limit others’ “freedom” in the Kantian sense of that term. In this respect Kant’s account of property is equivalent to Hegel’s, which contemporary Kantians have criticized for denying any problem of unilateralism. And both Kant and Hegel’s accounts are fully consistent with a theory that explains property as a matter of corrective, rather than distributive, justice.


1994 ◽  
Vol 11 (2) ◽  
pp. 124-138 ◽  
Author(s):  
Jules L. Coleman

Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you?There are many good reasons for requiring me to return to you what I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place.


1983 ◽  
Vol 1 (1) ◽  
pp. 132-150 ◽  
Author(s):  
Eric Mack

An ongoing tension exists within the Lockean tradition in political philosophy between the claim that each individual is the “Proprietor of his own Person” and the claim that nature is “that which God gave to Mankind in common.” The former claim points to a realm of discrete individual entitlements only formally equal in the sense of each individual having jurisdiction over his own person and not over any other person, while the latter points either to a collective entitlement to nature or to individual entitlements to substantively equal shares of nature. Were the two realms, that of persons and that of extra-personal nature, separate and independent, no tension would arise from the union of these two claims. But the realms are manifestly interconnected. Individuals acquire, use, labor upon, invest their time and energy on, and transform, more or less in accordance with their purposes, elements of extra-personal nature. And Locke and his followers believe that at least certain of these interactions with segments of nature give rise to individual property rights to the segments thereby appropriated, labored upon, transformed, or whatever. The traditional bridging notion is each person's right to his own labor which is seen as part of each person's proprietorship over himself. According to this tradition, if the right of each individual over his own person is to be respected, individual titles to appropriated, labored upon, or transformed nature must also be respected.The task for anyone seeking to embrace all the strands within this Lockean heritage is to reconcile, a) this right to one's own labor and the (or some) system of private property rights tied to it (which system will include historical entitlement principles for legitimating later property configurations) plus the right of self-ownership (or some equivalent) which lies behind the right to one's own labor, with b) some distributionist ideal, at least with regard to natural resources.


Author(s):  
Alexandre Kedar ◽  
Ahmad Amara ◽  
Oren Yiftachel

This chapter presents an epilogue which revisits the al-‘Uqbi case, and then presents the conclusion, dealing with the possible transformation of the DND into transitional justice. The chapter further demonstrates that Israeli law does have sufficient tools to overwrite or bypass the debilitating DND. A new enlightened and savvy political approach would enable Bedouins to attain property rights to their ancestor’s lands and introduce criteria of distributive justice for future management of land and development needs. Hence, the conclusion argues, the DND should be replaced with a decolonizing approach, based on principles of recognition, equality and transitional justice. The process of reconciliation will bring about a more egalitarian and fair allocation of space and will benefit all living in the Negev—Bedouin, Jews and others—as well as the broader Jewish-Palestinian conflict.


2019 ◽  
Vol 25 ◽  
pp. 87-111
Author(s):  
Dariusz Juruś

The author presents the assumptions which form the bedrock of modern liberal property theories. It refers to the conceptions of John Christman, James O. Grunebaum, Lawrence Becker, Stephen R. Munzer and Jeremy Waldron. All these philosophers have devoted separate monographs to the problems of ownership and their works seem representative of the entire liberal current in contemporary political philosophy. This paper does not provide a detailed analysis of the authors’ views on property, but focuses on the elements that these theories share. These are: (1) the bundle theory of property rights; (2) the priority of distributive justice over ownership; (3) the belief that labour is not a property entitlement; (4) the assumption about the separation of production and distribution; (e) the belief in the redistributive role of the state.


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