Classical natural law theory, property rights, and taxation

Social Philosophy and Policy 27 (1):21-52 (2010)
  Copy   BIBTEX

Abstract

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 101,053

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

John Locke and Natural Law.Yih-Hsien Yu - 2006 - Philosophy and Culture 33 (3):21-35.
Locke on Punishment, Property and Moral Knowledge.Lee Ward - 2009 - Journal of Moral Philosophy 6 (2):218-244.
H.L.A. Hart's Understanding of Classical Natural Law Theory.Cristóbal Orrego - 2004 - Oxford Journal of Legal Studies 24 (2):287-302.
The Natural Law Reader.Jacqueline A. Laing & Russell Wilcox (eds.) - 2013 - Hoboken, New Jersey: John Wiley & Sons.
A dilemma for libertarianism.Karl Widerquist - 2009 - Politics, Philosophy and Economics 8 (1):43-72.
Natural Law Revisited: Wild Justice and Human Obligations for Other Animals.Celia Deane-Drummond - 2015 - Journal of the Society of Christian Ethics 35 (2):159-173.

Analytics

Added to PP
2010-01-05

Downloads
525 (#50,941)

6 months
26 (#121,514)

Historical graph of downloads
How can I increase my downloads?

References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
Summa Theologiae (1265-1273).Thomas Aquinas - 1911 - Edited by Fathers of the English Dominican Province.
Scientific Essentialism.H. Beebee - 2004 - Mind 113 (450):334-340.
Powers: A Study in Metaphysics.George Molnar & Stephen Mumford - 2005 - Philosophical Quarterly 55 (221):674-677.

View all 13 references / Add more references