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  1. The Influence of Classical Stoicism on John Locke’s Theory of Self-Ownership.Lisa Hill & Prasanna Nidumolu - forthcoming - History of the Human Sciences:095269512091064.
    The most important parent of the idea of property in the person is undoubtedly John Locke. In this article, we argue that the origins of this idea can be traced back as far as the third century BCE, to classical Stoicism. Stoic cosmopolitanism, with its insistence on impartiality and the moral equality of all persons, lays the foundation for the idea of self-ownership, which is then given support in the doctrine of oikeiosis and the corresponding belief that nature had made (...)
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  2. ‘This Man is My Property’: Slavery and Political Absolutism in Locke and the Classical Social Contract Tradition.Johan Olsthoorn & Laurens van Apeldoorn - forthcoming - European Journal of Political Theory:147488512091130.
    It is morally impossible, Locke argued, for individuals to consensually establish absolute rule over themselves. That would be to transfer to rulers a power that is not ours, but God’s alone: ownership of our lives. This article analyses the conceptual presuppositions of Locke’s argument for the moral impossibility of self-enslavement through a comparison with other classical social contract theorists, including Grotius, Hobbes and Pufendorf. Despite notoriously defending the permissibility of voluntary enslavement of individuals and even entire peoples, Grotius similarly endorsed (...)
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  3. A Factory Afield: Capitalism and Empire in John Locke's Political Economy.Lucas G. Pinheiro - forthcoming - Modern Intellectual History:1-28.
    Since the 1950s, interpreters of John Locke have debated whether his ideas about political economy figured among the intellectual sources of capitalist development. While some have labeled Locke a mercantile or agrarian “capitalist thinker,” others have insisted that, although a mercantilist, he was in no sense a theorist of capitalism. By reconstructing the relationship between Locke's ideas and the capitalist society of his day, this article challenges the prevailing terms through which commentators have traditionally interpreted his political economy and its (...)
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  4. Credit and the Problem of Trust in the Thought of John Locke, C. 1668-1704.Jon Cooper - 2021 - Historical Journal 64 (2):211-232.
    This article presents a reinterpretation of John Locke's contribution to debates about the interest rate in the seventeenth century. It suggests that his argument that England should maintain the ‘natural’ rate, rather than impose a lower rate, was motivated by his theological, moral, and social conceptions of credit and its dependence on trust. In order to solve the endemic shortage of metal coin limiting the growth of monetary exchange in England, Locke stressed that the higher, ‘natural’ rate of interest would (...)
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  5. But Anyone Can Mix Their Labor: A Reply to Cheneval.Jakob Thrane Mainz - 2021 - Critical Review of International Social and Political Philosophy 24 (2):276-285.
  6. As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.
    The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...)
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  7. Property and Capital in the Person: Lockean and Neoliberal Self‐Ownership.Niklas Angebauer - 2020 - Constellations 27 (1):50-62.
  8. John Locke and the Politics of Monetary Depoliticization.Stefan Eich - 2020 - Modern Intellectual History 17 (1):1-28.
    During the Coinage Crisis of 1695, John Locke successfully advocated a full recoinage without devaluation by insisting on silver money's “intrinsick value.” The Great Recoinage has ever since been seen as a crucial step toward the Financial Revolution and it was long regarded as Locke's most consequential achievement. This article places Locke's intervention in the context of the postrevolutionary English state at war and reads his monetary pamphlets as an integral, if largely neglected, part of his political philosophy. Instead of (...)
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  9. The Role of Consent in Locke’s Theory of State.Elena Yi-Jia Zeng - 2020 - Historical Inquiry, Journal of National Taiwan University 66:201-236.
    John Locke’s theory of state is heavily constructed around his doctrine of consent. The doctrine indeed signifies a critical moment in the development of liberal and democratic theories in the history of political thought. Nevertheless, the doctrine has provoked various controversies and raises doubts on whether Locke’s early and later positions are reconcilable. This paper joins the scholarly debate through investigating the role of consent in Locke’s theory of state. It rejects the ahistorical readings of the doctrine that deliberation and (...)
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  10. Límites y licencias a la apropiación privada en el estado de naturaleza según John Locke.Joan Severo Chumbita - 2019 - Isegoría 60:303.
    Este trabajo estudia críticamente seis posibles límites a la apropiación privada, individual, unilateral y desigual en el estado de naturaleza descripto por John Locke. I) la restricción expresada bajo la forma de dejar suficiente y tan bueno en común para otros; II) la prohibición del desperdicio de los frutos perecederos; III) asociada a esta segunda condición pero aplicada a la tierra, la prohibición de cercar tierra cuyos frutos se desperdicie; IV) la limitación propuesta por Macpherson, según la cual es una (...)
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  11. Hunger, Need, and the Boundaries of Lockean Property.David G. Dick - 2019 - Dialogue 58 (3):527-552.
    Locke’s property rights are now usually understood to be both fundamental and strictly negative. Fundamental because they are thought to be basic constraints on what we may do, unconstrained by anything deeper. Negative because they are thought to only protect a property holder against the claims of others. Here, I argue that this widespread interpretation is mistaken. For Locke, property rights are constrained by the deeper ‘fundamental law of nature,’ which involves positive obligations to those in need and confines the (...)
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  12. Hannah Arendt: From Property to Capital... And Back?Alfonso Ballesteros - 2018 - Archiv Fuer Rechts Und Sozialphilosphie 104 (2):184-201.
    Scant attention has been paid to the notion of property in Hannah Arendt’s thought, and this paper aims to address this gap. For Arendt, property is the realm of privacy, located in the house. She argues that the modern age represented its loss with the expropriation of the peasant classes after the Reformation. As a result, wealth started to be accumulated and became productive through the labor of the new propertyless classes. This new way of dealing with property needed a (...)
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  13. Me and Mine.Peter M. Jaworski & David Shoemaker - 2018 - Philosophical Studies 175 (1):1-22.
    In this paper we articulate and diagnose a previously unrecognized problem for theories of entitlement, what we call the Claims Conundrum. It applies to all entitlements that are originally generated by some claim-generating action, such as laboring, promising, or contract-signing. The Conundrum is spurred by the very plausible thought that a later claim to the object to which one is entitled is a function of whether that original claim-generating action is attributable to one. This is further assumed to depend on (...)
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  14. Sufficiency and Freedom in Locke’s Theory of Property.Daniel M. Layman - 2018 - European Journal of Political Theory 17 (2):152-173.
    It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is the (...)
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  15. Property Theory : Legal and Political Perspectives.James Penner & Michael Otsuka (eds.) - 2018 - Cambridge University Press.
    Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume (...)
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  16. Property, Space and Sacred History in John Locke's Two Treatises of Government.Tom Pye - 2018 - Modern Intellectual History 15 (2):327-352.
    Historians have recently begun to gather round imperial, and lately “global,” contexts in which Western political thought might be better understood. John Locke has been pulled along behind them; the contours of his account of private property have increasingly been explained by his personal connections to the colonies. But in his case, the imperial context does less interpretive work than it appears to. This article attempts to show why: it tells a different, more explicitly intellectual, story about why Locke's depiction (...)
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  17. La dimensión ontológica del mercado y las directrices de la teoría monetaria en la propuesta pragmático-gubernamental de John Locke.Alejandro Recio Sastre - 2018 - Hybris, Revista de Filosofí­A 9 (2):145-171.
    In Locke’s economic and politic thinking is possible appraise some articulations that connect the teological, the economic and the politic. The humans work for divine decree and the labor is an economic concept inasmuch as it is the activity that yields private ownership, whose possession entails a natural right for all individuals. Safeguarding this right is liability of the government and of the state institutions. For Locke the market is previous to the civilian society, trade’s regulative structure sets the guidelines (...)
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  18. The Meanings of Work in John Locke.Campbell Jones - 2017 - In Mikkel Thorup, Stefan Gaarsmand Jacobsen, Christian Christiansen & Jakob Bek-Thomsen (eds.), History of Economic Rationalities. Springer Verlag.
    The early modern writings of John Locke are important not for their originality or coherence but for what they offer in understanding the ideological grounds of capitalist economics. Locke offers a justification of inequality in terms of the apparently meritocratic idea of equality – not the equality between people but rather the equivalence between the work of each isolated individual and their reward. This justification of inequality in terms of the work of individuals is anchored in a quite specific conception (...)
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  19. Harvesting the Uncollected Fruits of Other People’s Intellectual Labour.Cristian Timmermann - 2017 - Acta Bioethica 23 (2):259-269.
    Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed to cooperate with (...)
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  20. The Role of Appropriation in Locke's Account of Persons and Personal Identity.Ruth Boeker - 2016 - Locke Studies 16:3–39.
    According to Locke, appropriation is a precondition for moral responsibility and thus we can expect that it plays a distinctive role in his theory. Yet it is rare to find an interpretation of Locke’s account of appropriation that does not associate it with serious problems. To make room for a more satisfying understanding of Locke’s account of appropriation we have to analyse why it was so widely misunderstood. The aim of this paper is fourfold: First, I will show that Mackie’s (...)
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  21. De l’appropriation à la propriété : John Locke et la fécondité d’un malentendu devenu classique.Eric Fabri - 2016 - Philosophiques 43 (2):343-369.
    Eric Fabri | : Le cinquième chapitre du Second traité du gouvernement de John Locke a été l’objet de nombreuses mésinterprétations dont l’origine est à chercher dans la volonté des commentateurs d’y trouver une « théorie de la propriété », là où ne se trouvait qu’une « théorie de l’appropriation ». Après une présentation du texte et de ses interprétations, l’article étudie le contexte d’écriture des Deux traités du gouvernement et la place qu’y occupe le cinquième chapitre pour démontrer que (...)
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  22. John Locke on Naturalization and Natural Law: Community and Property in the State of Nature.Laurence Houlgate - 2016 - In Win-Chiat Lee & Ann Cudd (eds.), Citizenship and Immigration - Borders, Migration and Political Membership in a Global Age. Springer Verlag.
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  23. A Justificativa Lockeana para a Propriedade.Diego Mileli - 2016 - Itaca 29:82-99.
    O presente artigo analisa a propriedade privada a partir da teoria de John Locke no que se refere à aquisição originária. São discutidos o princípio da apropriação pelo trabalho, os limites à propriedade privada pelo deixar em comum para apropriação pelos demais 'o suficiente e de mesma qualidade' - o que Nozick nomeia como 'cláusula lockeana' –, bem como a possibilidade de acumulação. Para isso serão analisados os argumentos apresentados por Locke, acompanhado das críticas elaboradas por Robert Nozick.
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  24. Individual Communitarianism: Exploring the Primacy of the Individual In Locke’s and Hegel’s Rights.Beatriz Hayes Meizoso - 2015 - Espíritu 70 (141):35-50.
    The objective of this article is to compare and contrast the influential notion of natural and property rights created by John Locke in his "Second Treatise on Government" (1689) to the posterior notion of abstract right expressed by Georg Wilhelm Friedrich Hegel in his "Elements of the Philosophy of Right". Said analysis is particularly pertinent given the complexity of Hegel’s political philosophy, and, perhaps more importantly, seeing as Hegel’s abstract right was (allegedly and in part) intended to point out the (...)
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  25. On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright.Maxime Lambrecht - 2015 - Ratio Juris 28 (4):504-520.
    Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?
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  26. John Locke E a Liberdade Como Fundamento da Propriedade.Adriano Eurípedes Medeiros Martins - 2015 - Griot : Revista de Filosofia 11 (1):315-323.
    A base de todas as discussões políticas de John Locke é o conceito de direito natural; e o desenvolvimento das suas ideias políticas é acompanhado pelas interpretações que ele nos deu deste conceito, em especial daquelas que norteiam as suas concepções de liberdade e propriedade. Locke argumenta que não é a força nem a tradição, mas somente o “consentimento” expresso dos governados que se constitui como a única fonte de um poder político que se quer legítimo. Tal consentimento deriva-se da (...)
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  27. The Carolinian Context of John Locke’s Theory of Slavery.Brad Hinshelwood - 2013 - Political Theory 41 (4):0090591713485446.
    The debate over Locke’s theory of slavery has focused on his involvement with the Royal African Company and other institutions of African slavery, as well as his rhetorical use of slavery in opposing absolutism. This overlooks Locke’s deep involvement with the Carolina colony, and in particular that colony’s Indian slave trade, which was largely justified in just-war terms. Evidence of Locke’s participation in the 1682 revisions to the Fundamental Constitutions of Carolina, which removed the infamous “absolute power and authority” clause, (...)
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  28. Locke's State of Nature.Chris Lazarski - 2013 - In Janusz Grygiencl (ed.), .Human Rights and Politics. Erida.
    Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way to (...)
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  29. Floating Provisos and Sinking Islands.Avery Kolers - 2012 - Journal of Applied Philosophy 29 (3):333-343.
    Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of the (...)
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  30. Cain as His Brother's Keeper: Property Rights and Christian Doctrine in Locke's Two Treatises of Government.S. Menashi - 2012 - Seton Hall Law Review 42:185-273.
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  31. Saving Locke From Marx: The Labor Theory of Value in Intellectual Property Theory.Adam Mossoff - 2012 - Social Philosophy and Policy 29 (2):283-317.
    Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.
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  32. The Lockean Enough-and-as-Good Proviso: An Internal Critique.Helga Varden - 2012 - Journal of Moral Philosophy 9 (3):410-442.
    A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with the (...)
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  33. Two Concepts of Property: Ownership of Things and Property in Activities.Hugh Breakey - 2011 - Philosophical Forum 42 (3):239-265.
    I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing problem cases arising (...)
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  34. The Metaphysics of Locke's Labour View.Peter Martin Jaworski - 2011 - 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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  35. Property and Territory: Locke, Kant, and Steiner.David Miller - 2011 - Journal of Political Philosophy 19 (1):90-109.
  36. Locke, Berkeley, and Hume as Philosophers of Money.George C. Caffentzis - 2010 - In Silvia Parigi (ed.), George Berkeley: Religion and Science in the Age of Enlightenment. Springer.
    For the last 30 years I have been writing a trilogy on Locke’s, Berkeley’s, and Hume’s philosophies of money. With the publication of Clipped Coins. Abused Words and Civil Government; John Locke’s Philosophy of Money and Exciting the Industry of Mankind; George Berkeley’s Philosophy of Money and with the last volume on Hume in preparation, the trilogy is now almost completed.
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  37. Aristotle and Locke on the Moral Limits of Wealth.Andrew Murray - 2010 - Philosophy for Business 59.
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  38. Locke and the Right to (Acquire) Property: A Lockean Argument for the Rawlsian Difference Principle.Richard Oxenberg - 2010 - Social Philosophy Today 26:55-66.
    The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on (...)
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  39. Clearing the Rubbish: Locke, the Waste Proviso, and the Moral Justification of Intellectual Property.Gordon Hull - 2009 - Public Affairs Quarterly 23 (1):67-93.
    Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to favor a substantially (...)
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  40. Self-Ownership and the Lockean Proviso.Tibor R. Machan - 2009 - Philosophy of the Social Sciences 39 (1):93-98.
    Locke's defense of private property rights includes what is called a proviso— "the Lockean proviso"—and some have argued that in terms of it the right to private property can have various exceptions and it may not even be unjust to redistribute wealth that is privately owned. I argue that this cannot be right because it would imply that one's right to life could also have various exceptions, so anyone's life (and labor) could be subject to conscription if some would need (...)
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  41. Locke on Punishment, Property and Moral Knowledge.Lee Ward - 2009 - Journal of Moral Philosophy 6 (2):218-244.
    Locke's admittedly 'very strange' sounding doctrine of natural executive power, according to which the individual has the right to execute the law of nature, has long been one of the most controversial features of his moral philosophy. In contrast to the many commentators who deny its theoretical innovation and challenge its individualist premises, this study proposes that the philosophical significance of Locke's natural right to punish derives from its critical departure from earlier moral and political theory. It also argues that (...)
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  42. Indigenous Peoples' Intellectual Property.Andrew Hunter - 2007 - The Proceedings of the Twenty-First World Congress of Philosophy 3:97-103.
    The present paper examines conventional wisdom on the subject of the justification of indigenous peoples' intellectual property rights, and offers an alternative approach. The examination is achieved by a critique of two such conventional approaches in terms of the strength of each argument employed, and in terms of the efficacy of each in the roles allotted to them. The first such argument is Stenson and Gray's application of Kymlicka's individualist theory advocating national minority autonomy. The second argument is the labour (...)
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  43. Against Individualistic Justifications of Property Rights.Rowan Cruft - 2006 - Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
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  44. Cultivating and Challenging the Common: Lockean Property, Indigenous Traditionalisms, and the Problem of Exclusion.Alys Eve Weinbaum - 2006 - Contemporary Political Theory 5 (2):193-214.
    The article takes up and challenges the Lockean conception of common sense and common right to property in two ways: first, through a critical investigation of Locke's historical connection to colonialism, and second, by turning to contemporary indigenous conceptions of common sense. Locke's practical experiences in the founding of Carolina, I argue, serve not simply to explain the problematical colonial impulses of the Second Treatise, but indeed to help undo the credibility of that text's ideological claim to acquire and assimilate. (...)
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  45. Cultivating and Challenging the Common: Lockean Property, Indigenous Traditionalisms, and the Problem of Exclusion.Vicki Hsueh - 2006 - Contemporary Political Theory 5 (2):193.
    The article takes up and challenges the Lockean conception of common sense and common right to property in two ways: first, through a critical investigation of Locke's historical connection to colonialism, and second, by turning to contemporary indigenous conceptions of common sense. Locke's practical experiences in the founding of Carolina, I argue, serve not simply to explain the problematical colonial impulses of the Second Treatise, but indeed to help undo the credibility of that text's ideological claim to acquire and assimilate. (...)
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  46. Does Chapter 5 of Locke's Second Treatise, ‘of PROPERTY,’ Deconstruct Itself?Charles D. Tarlton - 2006 - Philosophy 81 (1):107-127.
    Chapter 5 of John Locke's Second Treatise, ‘Of Property,” is a text that undermines itself, stammering to an unresolved and irresolvable conclusion because the structure of conditions upon which most of its moral argument about private property is based cannot be stretched to encompass the sudden twist Locke tries to make at the end. The moral conditions by which Locke defines a virtuous private possession within God's gift of the world to all mankind in common resist being extended to include (...)
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  47. Locke's Waste Restriction and His Strong Voluntarism.Helga Varden - 2006 - Locke Studies 6:127-141.
    This paper argues that there is a conflict between two principles informing Locke’s political philosophy, namely his waste restriction and his strong voluntarism. Locke’s waste restriction is proposed as a necessary, enforceable restriction upon rightful private property holdings and it yields arguments to preserve and redistribute natural resources. Locke’s strong voluntarism is proposed as the liberal ideal of political obligations. It expresses Locke’s view that each individual has a natural political power, which can only be transferred to a political body (...)
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  48. Locke and the Event of Appropriation : A Heideggerian Reading of "of Property".Robert Bernasconi - 2005 - In Stephen H. Daniel (ed.), Current Continental Theory and Modern Philosophy. Northwestern University Press.
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  49. Excluding Destruction: Towards an Environmentally Sustainable Libertarian Property Rights Regime.John Hadley - 2005 - 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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  50. The Political Needs of a Toolmaking Animal: Madison, Hamilton, Locke, and the Question of Property.Paul A. Rahe - 2005 - Social Philosophy and Policy 22 (1):1-26.
    When Benjamin Franklin suggested that man is by nature a tool-making animal, he summed up what was for his fellow Americans the common sense of the matter. It is not, then, surprising that, when Britain's colonists in North America broke with the mother country over the issue of an unrepresentative parliament's right to tax and govern the colonies, they defended their right to the property they owned on the ground that it was in a most thorough-going sense an extension of (...)
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