Between Starvation and Spoilage : Conceptual Foundations of Locke’s Theory of Original Appropriation

Archiv für Geschichte der Philosophie 106 (2):236-266 (2024)
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Abstract

This paper reconstructs the conceptual foundations of Locke’s unilateralist theory of original appropriation through a critical comparison with the rival compact theories of Grotius and Pufendorf. Much of the normative and conceptual framework of Locke’s theory is common to theirs. Integrating his innovative doctrines on labour and natural self-proprietorship into this received theoretical framework logically required Locke to make several conceptual amendments. I highlight three all but overlooked revisions: (i) an unusually broad conception of labour; (ii) a reduction of mere use-rights to property rights; and (iii) a novel non-self-preservationist interpretation of the divine authorization to use natural resources in common. The reconceptualization of ‘labour’ is theoretically the most fundamental, underpinning the other two. My contextual reconstruction enhances our grasp of the structure of Locke’s theory of original appropriation. It also reveals Locke’s main objection to compact theories to be an external one, hinging on idiosyncratic conceptualizations of key notions.

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Johan Olsthoorn
University of Amsterdam

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References found in this work

The Lockean Theory of Rights.A. John Simmons - 2020 - Princeton University Press.
Force and freedom: Kant's legal and political philosophy.Arthur Ripstein - 2009 - Cambridge, Mass.: Harvard University Press.
Imposing Duties and Original Appropriation.Bas van der Vossen - 2015 - Journal of Political Philosophy 23 (1):64-85.
Essays on Bentham. Studies in Jurisprudence and Political Theory.H. L. A. Hart - 1984 - Revue Philosophique de la France Et de l'Etranger 174 (1):81-82.
As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.

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