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by: Shawn Pfannerstill IV
Shawn Pfannerstill IV
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This 3 page Class Notes was uploaded by Shawn Pfannerstill IV on Thursday October 22, 2015. The Class Notes belongs to PHIL 100A at University of California Santa Barbara taught by Staff in Fall. Since its upload, it has received 18 views. For similar materials see /class/227174/phil-100a-university-of-california-santa-barbara in PHIL-Philosophy at University of California Santa Barbara.

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Date Created: 10/22/15
Phil 100A Section Handout 10 I Theories of Property Broadly property includes everything that you have a right to eg life liberty possessions Question How are material property rights established 1 One Answer By Means of Distributed justice Property rights are the product of institutionalizing the demands of distributive justice ie distributive justice determines how material goods ought to be distributed and we institutionalize these requirements so that everyone has a right to their just share Example Utilitarianism Given the declining marginal utility of wealthincome the happiness maximizing distribution will be roughly egalitarian allowing for inequalities only to deal with disincentives associated with redistribution of wealth This distribution can be accomplished via progressive taxation So you have a right to whatever you have after being taxed 2 Locke39s Theory of Property Three Claims 1 God gave the world to humankind in common ie we originally have common ownership of the world Everyone has property in hisher person and labor Property is established by mixing labor with materials provided that i There is as much and as good left for others WN ii There is no waste What is involved in common ownership It can t be the holding ofjoint property rights by all humankind since the original transfer of property rights from all humankind to an individual is not practically possible Distinction claim rights vs liberty rights 0 A claim right yields a corresponding duty to givenot take what the other has a claim on 0 A liberty right yields no corresponding duties to givenot take the object in question Example my favorite park bench What is involved in mixing one39s labor with materials Some possible answers three from Locke and one from McMahon 1 Annexation the coming into contact of the labor which is owned with the unowned material creates material ownership Objection Nozick It seems equally plausible that annexation would work the other way so that the labor that was once owned becomes unowned 2 Crystallized Labor Labor creates most of the value of the good so the good is owned by the owner of the labor put into it Problem Most of the value of a picked apple is not due to the labor 3 Requirement of Fairness The unpleasant task of mixing one s labor with materials is performed with expectation of enjoying the benefits of the good To deprive the laborer of the expected good is unfair Problem Not all labor is unpleasant 4 McMahon We have moral protection for a normal human life this is an interpretation of Locke s claim that one has property in one s person and labor This requires that we have reliable control over certain material items especially domicile food sources clothing etc Note this also fits with our intuitions concerning nonhuman animalseg it seems wrong to destroy a beaver s dam the beaver has a right to the dam What is the significance for the modern world This depends on how we understand Locke s proviso that there must be as much and as good left for others The real moral force of this proviso is in prohibiting appropriation of material goods that worsens the situation of others What is it to worsen the situation of others Two possible answers 1 We worsen the situation of others by preventing others from appropriating material goods of that kind If this is how we are to understand the proviso then Locke s theory has very limited application today 2 We worsen the situation of others by preventing others from using the material goods This allows broader application of Locke s theory since it is permissible under this interpretation to appropriate material goods and employ those who want to use them 1 The Moral Mechanism for Establishing a Political Society Legitimate authority requires consent A distinction 0 merely de facto consent to submit to an authority is consent that is given because resisting is too costly 0 normative consent to submit to an authority is consent that gives the person in authority a right to be there Legitimate authority requires normative consent The original establishment of a legitimate government 1 A group of people form a body by mutual agreement 2 A decision procedure needs to be agreed upon but since one body can only move in one direction and the majority yields the greater force only direct democracy is appropriate 3 But since direct democracy is not efficient there is an agreement to delegate authority to some members of the society ie the government Note since those in authority are also part of the society they are not above the law


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