Abstract

The orthodoxy on the concept of ownership is given by Honoré's list of incidents. The idea this portrays is as ownership as a very flexible concept. The main purpose of this paper is to argue that the concept of property has much more integrity than the notion of a bundle of incidents may suggest. The Libertarian Challenge claims that redistributive theories of Justice, in so far as they impose involuntary taxes, are inconsistent with property rights, and are therefore unjustifiable. One response to the libertarian challenge is to present alternative conceptions of ownership that are based on less than the complete list of incidents. These conceptions, we are told, avoid the inconsistency inherent in redistributive taxation by rejecting the incidents that are the source of the inconsistency, while retaining the moral appeal by leaving in place the core incidents and thus remaining faithful to what is primarily justifiable in property rights. Such an approach has been taken by several writers (notably, Waldron, Christman, and Fried). These different attempts to present a "truncated", "bifurcated", or "purist" concept of property invariably fail. Taxation must be an infringement of property. The upshot of this is that a justification of redistributive taxation requires a restriction of property or abandoning it altogether rather than redefining it.