Libertarian property rights and the Lockean sufficiency proviso - The Washington Post - Fabian Wendt, Volokh Conspiracy:
September 22, 2017 - "John Locke’s Second Treatise of Government (1689) contains a defense of private property that makes use of the idea of labor-mixing. In §27, Locke writes: ‘[…] for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.’ The ‘at least’ clause has become known as the ‘Lockean proviso’. It is usually understood as specifying a limit to labor-based acquisition of private property.
"Since libertarians care a lot about private property and its justification, the Lockean proviso has been an important tenet in libertarian theories of justice.... Right-libertarians either reject the Lockean proviso or endorse very weak interpretations of it, while left-libertarians endorse some egalitarian interpretation of the Lockean proviso (which allows appropriation until one has one’s equal share of natural resources or as long as the appropriation is compatible with equality of opportunity for welfare).
"In between right- and left-libertarianism, there is room for moderate interpretations of the proviso, and in particular for a sufficientarian interpretation, a sufficiency proviso. It is remarkable that this option has rarely been defended. The resulting theory of justice can be called ‘moderate libertarianism’.... [M]oderate libertarianism has advantages over both left- and right-libertarianism because it better coheres with the most plausible rationale for endorsing a libertarian theory of justice in the first place.
"What is this rationale for endorsing a libertarian theory of justice? It starts with the rather trivial fact that persons are purposive beings. They have the capacity to pursue all kinds of projects. Almost all projects require external resources, and they require being able to count on one’s resources. For that reason, persons as project-pursuers need the opportunity to acquire private property in external resources in one way or another. Following Eric Mack, one can take this to establish a ‘natural right to the practice of private property’. Together with the idea of self-ownership, this natural right can be regarded as the core of a libertarian theory of justice. Note that the project pursuit rationale for libertarianism does not rely on the moral force of Lockean labor-mixing. Rather, private property as a practice is justified as being responsive to persons as project pursuers....
"[I]f one embraces a libertarian theory of justice due to the project pursuit rationale, then one should also embrace a sufficientarian proviso. The basic idea is simple: Without sufficient resources, people are unable to live their lives as project pursuers. Because this is so, a libertarian who advances a libertarian theory of justice because s/he cares about people as project pursuers must also care about everyone actually having sufficient resources for living a life as a project-pursuer. This is why some sort of sufficientarian proviso should be incorporated into a libertarian theory of justice....
"First of all, my sufficiency proviso does not apply to specific acts of appropriation, but to the practice of private property as a whole. The practice of private property is justified because private property is necessary for living as a project pursuer, but it can only be justified under condition that it actually enables everyone to live as a project pursuer.
"Second, the sufficiency proviso does not unconditionally require us to bring everyone above the sufficiency threshold. The proviso only prescribes that the practice of private property should be designed in a way that makes sure that everyone has sufficient resources to live as a project pursuer, if this is possible without undermining the point of having a practice of private property in the first place."
Read more: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/22/libertarian-property-rights-and-lockes-sufficiency-proviso/?utm_term=.47439424a2b7
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September 22, 2017 - "John Locke’s Second Treatise of Government (1689) contains a defense of private property that makes use of the idea of labor-mixing. In §27, Locke writes: ‘[…] for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.’ The ‘at least’ clause has become known as the ‘Lockean proviso’. It is usually understood as specifying a limit to labor-based acquisition of private property.
"Since libertarians care a lot about private property and its justification, the Lockean proviso has been an important tenet in libertarian theories of justice.... Right-libertarians either reject the Lockean proviso or endorse very weak interpretations of it, while left-libertarians endorse some egalitarian interpretation of the Lockean proviso (which allows appropriation until one has one’s equal share of natural resources or as long as the appropriation is compatible with equality of opportunity for welfare).
"In between right- and left-libertarianism, there is room for moderate interpretations of the proviso, and in particular for a sufficientarian interpretation, a sufficiency proviso. It is remarkable that this option has rarely been defended. The resulting theory of justice can be called ‘moderate libertarianism’.... [M]oderate libertarianism has advantages over both left- and right-libertarianism because it better coheres with the most plausible rationale for endorsing a libertarian theory of justice in the first place.
"What is this rationale for endorsing a libertarian theory of justice? It starts with the rather trivial fact that persons are purposive beings. They have the capacity to pursue all kinds of projects. Almost all projects require external resources, and they require being able to count on one’s resources. For that reason, persons as project-pursuers need the opportunity to acquire private property in external resources in one way or another. Following Eric Mack, one can take this to establish a ‘natural right to the practice of private property’. Together with the idea of self-ownership, this natural right can be regarded as the core of a libertarian theory of justice. Note that the project pursuit rationale for libertarianism does not rely on the moral force of Lockean labor-mixing. Rather, private property as a practice is justified as being responsive to persons as project pursuers....
"[I]f one embraces a libertarian theory of justice due to the project pursuit rationale, then one should also embrace a sufficientarian proviso. The basic idea is simple: Without sufficient resources, people are unable to live their lives as project pursuers. Because this is so, a libertarian who advances a libertarian theory of justice because s/he cares about people as project pursuers must also care about everyone actually having sufficient resources for living a life as a project-pursuer. This is why some sort of sufficientarian proviso should be incorporated into a libertarian theory of justice....
"First of all, my sufficiency proviso does not apply to specific acts of appropriation, but to the practice of private property as a whole. The practice of private property is justified because private property is necessary for living as a project pursuer, but it can only be justified under condition that it actually enables everyone to live as a project pursuer.
"Second, the sufficiency proviso does not unconditionally require us to bring everyone above the sufficiency threshold. The proviso only prescribes that the practice of private property should be designed in a way that makes sure that everyone has sufficient resources to live as a project pursuer, if this is possible without undermining the point of having a practice of private property in the first place."
Read more: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/22/libertarian-property-rights-and-lockes-sufficiency-proviso/?utm_term=.47439424a2b7
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