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The Lockean proviso is a feature of John Locke's labor theory of property which states that whilst individuals have a right to homestead private property from nature by working on it, they can do so only if "there was still enough, and as good left; and more than the yet unprovided could use". [1]
Nor was this appropriation of any parcel of land, by improving it, any prejudice to any other man, since there was still enough and as good left, and more than the yet unprovided could use. So that, in effect, there was never the less left for others because of his enclosure for himself. For he that leaves as much as another can make use of, does as good as take nothing at all. Nobody could think himself injured by the drinking of another man, though he took a good draught, who had a whole river of the same water left him to quench his thirst. And the case of land and water, where there is enough of both, is perfectly the same.
The phrase Lockean proviso was coined by libertarian political philosopher Robert Nozick in Anarchy, State, and Utopia . [2] It is based on the ideas elaborated by John Locke in his Second Treatise of Government , namely that self-ownership allows a person the freedom to mix his or her labor with natural resources, converting common property into private property. Locke concludes that people need to be able to protect the resources they are using to live on their property and that this is a natural right. Nozick used this idea to form his Lockean proviso which governs the initial acquisition of property in a society, but in order for his ideas of ownership of property to get off the ground and be cogent he devised the criterion to determine what makes property acquisition just, which is the proviso. The proviso says that although every appropriation of property is a diminution of another's rights to it, it is acceptable as long as it does not make anyone worse off than they would have been without any private property. [3]
Locke's proviso has been used by Georgists, socialists, and Basic Income advocates to point to land acquisition as illegitimate without compensation. [4] [5] [6] In Georgism, the possession of land is proper only so long as the market rent is paid to the relevant community. If a plot of land has a positive rent, that implies that there is not land of similar quality freely available to others.
Libertarians of the modern Austrian School and anarcho-capitalist traditions such as Murray Rothbard [7] have accepted Locke's other views on property whilst rejecting the Lockean proviso. Anarcho-Capitalist economist Walter Block rejects the Lockean proviso instead arguing for the Blockian Proviso because he contends that land that completely stops access to non-homesteaded land is incompatible with the logic of homesteading [8]
French researcher Ai-Thu Dang has criticized Nozick's reading of the Lockean proviso, saying it denatures its meaning, especially Locke's "articulation to moral rules governing enrichment". [9]
Socialist critics of the Proviso such as G.A. Cohen point to the issue that the Proviso does not take into account previously existing inequalities. Cohen describes the Lockean Proviso's first-come-first-served approach as "morally dubious". He uses the example of someone claiming a beach as "their own" and charging admission in exchange for lifeguarding service. This would satisfy the proviso because it doesn't make anyone's life "worse" but it fails to consider how much better off everyone would be if someone owned the beach and charged only 50 cents for better service. He continues that this superior alternative is never considered under Nozick’s proviso. [10]
Karl Widerquist and Grant McCall argue that even weak versions of the proviso, such as the one used by Nozick, are unfulfilled by contemporary societies. The poorest people today, even in wealthy nations, are worse off than they could reasonably expect to be in a stateless hunter-gatherer band that treats the environment as commons that cannot be owned by anyone. They write, "Establishing hunter-gatherer quality-of-life as the baseline for comparison sets an extremely low bar. The tragedy of state societies today is that for all their wealth and achievement they have so consistently failed to surpass that bar." [11] [12] [13]
Anarcho-capitalism is an anti-statist, libertarian political philosophy and economic theory that seeks to abolish centralized states in favor of stateless societies with systems of private property enforced by private agencies, based on concepts such as the non-aggression principle, free markets and self-ownership. Anarcho-capitalist philosophy extends the concept of ownership to include control of private property as part of the self, and, in some cases, control of other people as private property. In the absence of statute, anarcho-capitalists hold that society tends to contractually self-regulate and civilize through participation in the free market, which they describe as a voluntary society involving the voluntary exchange of goods and services. In a theoretical anarcho-capitalist society the system of private property would still exist, as it would be enforced by private defense agencies and/or insurance companies selected by property owners, whose ownership rights or claims would be enforced by private defence agencies and/or insurance companies. These agencies or companies would operate competitively in a market and fulfill the roles of courts and the police, similar to a state apparatus. Some anarcho-capitalist authors have argued that slavery is compatible with anarcho-capitalist ideals.
Libertarian theories of law build upon classical liberal and individualist doctrines.
Geolibertarianism is a political and economic ideology that integrates libertarianism with Georgism. It favors a taxation system based on income derived from land and natural resources instead of on labor, coupled with a minimalist model of government, as in libertarianism. The term was coined by the late economist Fred Foldvary in 1981.
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use , joining it with previously acquired property, or by marking it as owned.
Self-ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Anarcho-capitalism defines self-ownership as the exclusive right to control one's body as long as the owner does not aggress upon others, leading to the concept of the sovereign individual. In Minarchism the 'exclusive right' is understood by separating the 'liberty-to' from the 'liberty-from' where for each person the 'liberty-to' is restricted by all the 'liberty's-from' of others, effectively subjecting the 'liberty-to' to the ban on the usage of force. Thereafter self-ownership means the exclusive right to control one's body insofar considering action between inhabitants and not involving the state, making it roughly a pacifist morality only among inhabitants. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism and liberalism.
Anarchy, State, and Utopia is a 1974 book by the American political philosopher Robert Nozick. It won the 1975 US National Book Award in category Philosophy and Religion, has been translated into 11 languages, and was named one of the "100 most influential books since the war" (1945–1995) by the UK Times Literary Supplement.
A night-watchman state, or minarchy, whose proponents are known as minarchists, is a model of a state that is limited and minimal, whose functions depend on libertarian theory. Right-libertarians support it only as an enforcer of the non-aggression principle by providing citizens with the military, the police, and courts, thereby protecting them from aggression, theft, breach of contract, fraud, and enforcing property laws.
The nature of capitalism is criticized by left-wing anarchists, who reject hierarchy and advocate stateless societies based on non-hierarchical voluntary associations. Anarchism is generally defined as the libertarian philosophy which holds the state to be undesirable, unnecessary and harmful as well as opposing authoritarianism, illegitimate authority and hierarchical organization in the conduct of human relations. Capitalism is generally considered by scholars to be an economic system that includes private ownership of the means of production, creation of goods or services for profit or income, the accumulation of capital, competitive markets, voluntary exchange and wage labor, which have generally been opposed by most anarchists historically. Since capitalism is variously defined by sources and there is no general consensus among scholars on the definition nor on how the term should be used as a historical category, the designation is applied to a variety of historical cases, varying in time, geography, politics and culture.
Entitlement theory is a theory of distributive justice and private property created by Robert Nozick in chapters 7 and 8 of his book Anarchy, State, and Utopia. The theory is Nozick's attempt to describe "justice in holdings" —or what can be said about and done with the property people own when viewed from a principle of justice.
Left-libertarianism, also known as left-wing libertarianism, or social libertarianism, is a political philosophy and type of libertarianism that stresses both individual freedom and social equality. Left-libertarianism represents several related yet distinct approaches to political and social theory. Its classical usage refers to anti-authoritarian varieties of left-wing politics such as anarchism, especially social anarchism, communalism, and libertarian Marxism, collectively termed libertarian socialism. A portion of the left wing of the green movement, including adherents of Murray Bookchin's social ecology, are also generally considered left-libertarian.
Propertarianism, or proprietarianism, is a political philosophy that reduces all questions of law to the right to own property. On property rights, it advocates private property based on Lockean sticky property norms, where an owner keeps their property more or less until they consent to gift or sell it, rejecting the Lockean proviso.
The labor theory of property is a theory of natural law that holds that property originally comes about by the exertion of labor upon natural resources. The theory has been used to justify the homestead principle, which holds that one may gain whole permanent ownership of an unowned natural resource by performing an act of original appropriation.
Libertarianism is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, emphasizing equality before the law and civil rights to freedom of association, freedom of speech, freedom of thought and freedom of choice. Libertarians are often skeptical of or opposed to authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope of their opposition to existing economic and political systems. Various schools of libertarian thought offer a range of views regarding the legitimate functions of state and private power. Different categorizations have been used to distinguish various forms of Libertarianism. Scholars distinguish libertarian views on the nature of property and capital, usually along left–right or socialist–capitalist lines. Libertarians of various schools were influenced by liberal ideas.
Green libertarianism is a form of green politics. Alternately, it is a form of libertarianism in which the free market provides environmentally beneficial outcomes. Marcel Wissenburg (2009) maintains that proponents of the latter comprise a minority of green political theorists.
Right-libertarianism, also known as libertarian capitalism, or right-wing libertarianism, is a libertarian political philosophy that supports capitalist property rights and defends market distribution of natural resources and private property. The term right-libertarianism is used to distinguish this class of views on the nature of property and capital from left-libertarianism, a type of libertarianism that combines self-ownership with an egalitarian approach to property and income. In contrast to socialist libertarianism, right-libertarianism supports free-market capitalism. Like most forms of libertarianism, it supports civil liberties, especially natural law, negative rights, the non-aggression principle, and a major reversal of the modern welfare state.
The Ethics of Liberty is a 1982 book by American philosopher and economist Murray N. Rothbard, in which the author expounds a libertarian political position. Rothbard's argument is based on a form of natural law ethics, and makes a case for anarcho-capitalism.
For a New Liberty: The Libertarian Manifesto is a book by American economist and historian Murray Rothbard, in which the author promotes anarcho-capitalism. The work has been credited as an influence on modern libertarian thought and on part of the New Right.
Libertarianism is variously defined by sources as there is no general consensus among scholars on the definition nor on how one should use the term as a historical category. Scholars generally agree that libertarianism refers to the group of political philosophies which emphasize freedom, individual liberty and voluntary association. Libertarians generally advocate a society with little or no government power.
Natural-rights libertarianism is the theory that all individuals possess certain natural or moral rights, mainly a right of individual sovereignty and that therefore acts of initiation of force and fraud are rights-violations and that is sufficient reason to oppose those acts. This is one of the two ethical view points within right-libertarianism, the other being consequentialist libertarianism which only takes into account the consequences of actions and rules when judging them and holds that free markets and strong private property rights have good consequences.
Karl Widerquist is an American political philosopher and economist at Georgetown University on its campus in Qatar. He is best known as an advocate of basic income, but is also an interdisciplinary academic writer who has published in journals in fields as diverse as economics, politics, philosophy, and anthropology. He is a consistent critic of propertarianism, right-libertarianism, social contract theory, and the belief that modern societies fulfill the Lockean proviso.
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