My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because (...) of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

Within Robert Nozick's theory of Justice as presented in his Anarchy, State and Utopia, does the Lockean proviso dovetail with the theory of entitlement? The main burden of this paper is to establish that far from dovetailing, there is a serious conflict between the two.Nozick's theory of Justice consists of at least three principles, namely, the principle of Justice in acquisition, the principle of Justice in transfer, and the principle of rectification of injustice. These principles treat the topics of how (...) unheld things came to be held, how they came to be transferred, and how injustice in respect to them came to be corrected or rectified. Although Nozick does not provide a detailed philosophical picture of these principles of Justice, he says enough about each of them by way of examples and explanations to constitute a powerful, criticizable doctrine. (shrink)