In the present paper we argue that the theory of contracts embraced by many libertarian scholars and relied upon by them in sundry important debates (e.g. over morality of the fractional reserve banking or loan maturity mismatching etc.), that is, the title transfer theory of contracts (TTT) should be rejected as not being able to account for the binding force of future-oriented contracts, including contracts deemed enforceable by those scholars themselves. The TTT claims that the only contracts that should be (...) legally binding are these where the debtor’s failure to abide by them constitutes a violation of the creditor’s private property rights. However, as we argue, no default of the debtor in a future-oriented contract can in itself amount to such a violation. (shrink)

In the present paper we argue that besides four traditional methods of property acquisition – that is, homesteading, production, voluntary transfer and rectification of injustice – libertarianism also recognizes a fifth method, namely the method of accession. We contend that not only have some libertarian scholars implicitly embraced the accession principle, but also that if libertarianism wants to distribute exclusive ownership to indivisible things produced from inputs supplied by two or more parties without running into conflict with its own principles (...) of justice, it has to recognize accession as the fifth mode of appropriation. As the main thesis of the paper goes against the received view concerning the very core of libertarianism, that is, its methods of property acquisition, the text indicates some new developments within the libertarian theory of justice. (shrink)

Some European countries legally recognise a “right to roam”—a right to freely traverse across land, even if privately owned. Political philosophers have paid little attention to the right, and have often conceptualised property rights to include strong claim-rights to exclude others. I offer an account of the right to roam, and consider whether it can be philosophically justified on a left-liberal account of property. After finding a defence in terms of the interests served by the right lacking, I suggest that (...) the most promising defence of the right to roam is that it serves as a symbolic reminder of a fundamental type of social equality. (shrink)