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Leif Wenar Original acquisition of private property article Suppose libertarians could prove that durable, unqualified private property rights could be created through ‘original acquisition’ of unowned resources in a state of nature. Such a proof would cast serious doubt on the legitimacy of the modern state. It could also render the approach to property rights that I favour irrelevant. I argue here that none of the familiar Lockean-libertarian arguments for a strong natural right to acquisition succeed, and that any successful argument for grounding a right to acquire would have to use my favoured approach to property rights - the ‘vector-sum’ approach. I conclude with some doubts about original acquisition theory and natural property rights.

Original acquisition of private property

Leif Wenar

Mind, vol. 107, no. 428, 1998, pp. 799–820

Abstract

Suppose libertarians could prove that durable, unqualified private property rights could be created through ‘original acquisition’ of unowned resources in a state of nature. Such a proof would cast serious doubt on the legitimacy of the modern state. It could also render the approach to property rights that I favour irrelevant. I argue here that none of the familiar Lockean-libertarian arguments for a strong natural right to acquisition succeed, and that any successful argument for grounding a right to acquire would have to use my favoured approach to property rights - the ‘vector-sum’ approach. I conclude with some doubts about original acquisition theory and natural property rights.

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