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  1. Lawrence C. Becker (1976). The Labor Theory of Property Acquisition. Journal of Philosophy 73 (18):653-664.
    This symposium paper for the APA analyzes Locke's labor theory of property acquisition as a formal argument – or set of alternative arguments – and shows how several of them are indeed sound, if appropriately limited by what amounts to a social welfare proviso. That proviso is, however, strong enough to limit the acquisition of private property in a significant way. The argument here anticipates fuller and more decisive ones in later work by the same author.
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  2. Christopher Bertram, Justice and Property: On the Institutional Thesis Concerning Property.
    The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in defining property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal human interests and (...)
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  3. Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones (...)
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  4. Hugh Breakey (2009). Without Consent: Principles of Justified Acquisition and Duty-Imposing Powers. Philosophical Quarterly 59 (237):618-640.
    A controversy in political philosophy and applied ethics concerns the validity of duty-imposing powers, that is, rights entitling one person to impose new duties on others without their consent. Many philosophers have criticized as unplausible any such moral right, in particular that of appropriating private property unilaterally. Some, finding duty-imposing powers weird, unfamiliar or baseless, have argued that principles of justified acquisition should be rejected; others have required them to satisfy exacting criteria. I investigate the many ways in which we (...)
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  5. David P. Ellerman (1995). Intellectual Trespassing as a Way of Life: Essays in Philosophy, Economics, and Mathematics. Rowman & Littlefield Publishers.
    Dramatic changes or revolutions in a field of science are often made by outsiders or 'trespassers,' who are not limited by the established, 'expert' approaches. Each essay in this diverse collection shows the fruits of intellectual trespassing and poaching among fields such as economics, Kantian ethics, Platonic philosophy, category theory, double-entry accounting, arbitrage, algebraic logic, series-parallel duality, and financial arithmetic.
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  6. Danny Frederick (2013). A Critique of Lester's Account of Liberty. Libertarian Papers 5 (1):45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  7. John Hadley (2005). Excluding Destruction. Philosophy in the Contemporary World 12 (2):22-29.
    In this paper I argue that the potentially environmentally destructive scope of a libertarian property rights regime can be narrowed by applying reasonable limits to those rights. I will claim that excluding the right to destroy from the libertarian property rights bundle is consistent with self-ownership and Robert Nozick’s interpretation of the Lockean proviso.
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  8. Donald C. Hubin & Mark B. Lambeth (1988). Providing for Rights. Dialogue 27 (03):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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  9. Peter Martin Jaworski (2011). The Metaphysics of Locke's Labour View. Locke Studies 11:73-106.
    This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...)
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  10. Daniel Layman (2012). The Compatibility of Locke's Waste Restriction. Locke Studies 12 (1):183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...)
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  11. David R. Lea (1998). Aboriginal Entitlement and Conservative Theory. Journal of Applied Philosophy 15 (1):1–14.
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  12. Alejandra Mancilla (2013). Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum). Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...)
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  13. Olivier Massin (2016). Qu'est-ce que la propriété? Une approche reinachienne. Philosophie 128 (1):74.
    I present and defend Reinach's theory of ownership according to which, prior to the positive law, one finds a distinction between possession, ownership and property rights. Ownership is not a bundle of positive rights, but a primitive natural relation that grounds the absolute right to behave as one wishes towards the thing one owns. In reply to some objections raised against it, I argue that Reinach's theory of property is morally and politically non-committal; and that it in fact has the (...)
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  14. Karl Olivecrona (1974). Locke's Theory of Appropriation. Philosophical Quarterly 24 (96):220-234.
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  15. Merten Reglitz (2016). A Kantian Argument Against World Poverty. European Journal of Political Theory:1-19.
    Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...)
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  16. Michaela Rehm (2005). „Ihr seid verloren, wenn ihr vergeßt, daß die Früchte allen gehören und die Erde niemandem“: Rousseaus Eigentumskonzeption,. In Bernd Ludwig & Andreas Eckl (eds.), Was ist mein? Beck 103-117.
    The paper is an analysis of Rousseau’s concept of property. It shows that Rousseau wants to draft a new system of politics that will not forbid private property but will limit its scale. It aims to clarify that Rousseau owes much to John Locke’s theory and even adopts Locke’s definition that it is a basic purpose of the social contract to protect the citizen’s property. It is argued that in spite of these similarities Rousseau’s account differs fundamentally from Locke’s. Having (...)
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  17. John T. Sanders (1987). Justice and the Initial Acquisition of Property. Harvard Journal of Law and Public Policy 10 (2):367-99.
    There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...)
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  18. Terrance Tomkow, The Retributive Theory of Property.
  19. Paul Torek (1994). Liberties, Not Rights: Gauthier and Nozick on Property. Social Theory and Practice 20 (3):343-361.
    In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar reasons.
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  20. Bas van der Vossen (2009). What Counts as Original Appropriation? Politics, Philosophy and Economics 8 (4):355-373.
    I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...)
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  21. Tomasz Żuradzki (2007). Własność to złudzenie. Rzeczpospolita 12 (19).
    Własność prywatna nie jest żadnym naturalnym uprawnieniem, ale prawną konwencją zdefiniowaną przez system podatkowy. Stopień ingerencji w rzekomo naturalne prawo własności nie może być podstawą oceniania systemów podatkowych, bo sama własność jest wytworem takich systemów. Podatki nie odbierają nam własności, tylko umożliwiają jej istnienie.
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