1 Count Destutt Tracy, on p. 47 in the English translation of A Treatise on Political Economy, edited by Thomas Jefferson, showed that another way to see the necessity of private property is to remember that a moral agent must have a conscious will and an awareness of itself as distinct and separate from others and

... the idea of property can arise only in a being endowed with will, it is equally certain that in such a being it arises necessarily and inevitably in all its plenitude; for as soon as this individual knows accurately itself, or its moral person, and its capacity to enjoy and to suffer, and to act necessarily, it sees clearly also that this self is the exclusive proprietor of the body which it animates, of the organs which it moves, of all their passions and their actions; for all this finishes and commences with this self, exists but by it, is not moved but by its acts, and no other moral person can employ the same instruments nor be affected in the same manner by their effects. The idea of property and of exclusive property arises then necessarily in a sensible being from this alone, that it is susceptible of passion and action; and it rises in such a being because nature has endowed it with an inevitable and inalienable property, that of its individuality.

2 In his book, Defending the Undefendable, Walter Block vindicates quite a few unpopular professions and avocations that belong in this noncriminal category. Those who physically assault noninvasive prostitutes, drug dealers, slumlords, and the others described in Walter Block's book are criminals.

3 Samuel Clarke in British Moralists Volume 2 p. 38:

For, to say that one man has a full Right to the same individual things, which another man at the same time has a full right to, is saying that two Rights may be contradictory to each other; that is, that a thing may be Right, at the same time 'tis confessed to be Wrong.

4 Leo Strauss, Natural Right and History p. 235.

Food is conducive to self-preservation only if it is eaten, i.e., appropriated in such a manner that it becomes the exclusive property of the individual; there is then a natural right to some "private dominion exclusive of the rest of mankind."

5 William Wollaston, British Moralists Volume 2 p. 364:

I lay this down as a fundamental maxim, That whoever acts as if things were so, or not so, doth by his acts declare, that they are so, or not so; as plainly as he could by words, and with more reality.

6 James A. Sadowsky, "Private Property and Collective Ownership," in Property in a Humane Economy, pp. 95-96.

7 In 1986, the Marxist dictator of Nicaragua banned all newspapers and journals. He denied that this was censorship. He simply explained that the government needed to use paper for more important things.

8 Ibid., pp. 86-87.

9 Leo Strauss, op. cit. p. 236.

The natural right of everyone to appropriate everything that is useful to him must be limited if it is not to be incompatible with the peace and preservation of mankind. That natural right must exclude any right to appropriate things which have already been appropriated by others, i.e., harming others, is against the natural law ... The only honest way of appropriating things is by taking them, not from other men, but directly from nature, "the common mother of all;" by making one's own what previously belonged to no one and therefore might be taken by anyone; the only honest way of appropriating things is by one's own labor. Everyone is by nature the exclusive owner of his body and hence of the work of his body, i.e., of his labor. Therefore, if a man mixes his laboróbe it only the labor involved in picking berriesówith things of which no one is the owner, those things become an indissoluble mixture of his exclusive property with no one's property, and therefore they become his exclusive property.

10 Barnett op. cit. p. 70.

11 Ibid. p. 71.

12 More or less simultaneously, the fetus also begins to use property that is already owned: his mother's body. It is not our own body that we have no right to, it is our mother's body that we need permission to use. If a woman decides she does not want a fetus living inside her body as a parasite, she can, in justice, have an abortion. Abortion is, possibly, the least fair of all just acts.

13 Wilcomb E. Washburn, "The Moral and Legal Justifications for Dispossessing the Indians," in Seventeenth-Century America: Essays in Colonial History edited by James Morton Smith p. 17.

14 Ibid. p. 16.

15 Ibid. p. 19.

16 Ibid. p. 27.

17 Robert Andelson, op. cit., p. 103:

The right to property naturally incorporates the rights of gift and bequest, for to deny them is to deny the right of a man to labor voluntarily for others.

18 For a good description of intellectual property law in the free market, see Murray Rothbard, Man, Economy and State, pp. 652-660.

19 Randy Barnett, The Structure of Liberty, p.80.

20 James A. Sadowsky, op. cit., p. 92.

21 For a more complete explanation of how the principles of justice should be applied to existing property titles, see Murray Rothbard's "Justice and Property Rights" in Property in a Humane Economy, especially pp. 115-121.

22 Robert Nozick, Anarchy, State, and Utopia p. 34.


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