The Institution of Property

Social Philosophy and Policy 11 (2):42-62 (1994)
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Abstract

The typical method of acquiring a property right involves transfer from a previous owner. But sooner or later, that chain of transfers traces back to the beginning. That is why we have a philosophical problem. How does a thing legitimately become a piece of property for the first time ? In this essay, I follow the custom of distinguishing between mere liberties and full-blooded rights. If I have the liberty of doing X , then it is permissible for me to do X . But the mere fact that I am at liberty to do X leaves open the possibility that you might be at liberty to interfere with my doing X . Accordingly, liberties are not full-blooded rights, since my having a right to do X has the additional implication that others are not at liberty to interfere with my doing X . When it comes to mere liberties, interference is not a violation. You can violate rights, but you cannot violate liberties

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David Schmidtz
University of Arizona

Citations of this work

Conservative Critiques.Justin Tosi & Brandon Warmke - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 579-592.
Libertarianism.Peter Vallentyne - 2008 - Stanford Encyclopedia of Philosophy.
As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.
Ambidextrous Lockeanism.Billy Christmas - 2020 - Economics and Philosophy 36 (2):193-215.

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