David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Ethics 2 (3):197-218 (1998)
This paper examines the thesis that human labor creates property rights in or from previously unowned objects by virtue of labor's power to make new things. This thesis is considered for two possible roles: first, as a thesis to which John Locke might have been committed in his writings on property; and second, as a thesis of independent plausibility that could serve as part of a defensible contemporary theory of property rights. Understanding Locke as committed to the thesis of makers' rights has seemed to many of the best known recent Locke scholars to explain and unify Locke's various claims about property in a way that more traditional "labor-mixing" interpretations cannot. This paper argues that there is in fact no convincing evidence in Locke's texts to suggest any commitment to the thesis of makers' rights for humans.
|Keywords||creation labor Locke property rights|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Bryan Cwik (2014). Labor as the Basis for Intellectual Property Rights. Ethical Theory and Moral Practice 17 (4):681-695.
Adam Mossoff (2012). Saving Locke From Marx: The Labor Theory of Value in Intellectual Property Theory. Social Philosophy and Policy 29 (2):283-317.
Similar books and articles
Walter R. Ott (2002). Locke and Signification. Journal of Philosophical Research 27:449-473.
Tibor R. Machan (2009). Self-Ownership and the Lockean Proviso. Philosophy of the Social Sciences 39 (1):93-98.
Gopal Sreenivasan (1995). The Limits of Lockean Rights in Property. Oxford University Press.
Gordon Hull (2009). Clearing the Rubbish: Locke, the Waste Proviso, and the Moral Justification of Intellectual Property. Public Affairs Quarterly 23 (1):67-93.
Herman T. Tavani (2005). Locke, Intellectual Property Rights, and the Information Commons. Ethics and Information Technology 7 (2):87-97.
Peter Vallentyne (2001). Self-Ownership. In Laurence Becker & Charlotte Becker (eds.), Encyclopedia of Ethics, 2nd edition. Garland Publishing
Barry Smith & Leo Zaibert (2001). The Metaphysics of Real Estate. Topoi 20 (2):161-172.
Rowan Cruft (2006). Against Individualistic Justifications of Property Rights. Utilitas 18 (2):154-172.
James Tully (1980). A Discourse on Property: John Locke and His Adversaries. Cambridge University Press.
Added to index2009-01-28
Total downloads49 ( #74,348 of 1,777,884 )
Recent downloads (6 months)2 ( #206,198 of 1,777,884 )
How can I increase my downloads?