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In 1895 an English farmer diverted the course of a stream that was
flowing through his land, thereby cutting off the supply to the
water reservoir of the neighboring community. The courts
established that it had been his purpose to "injure the plaintiffs
by carrying off the water and to compel them to buy him off."
Regardless of what the law says, most people will feel that the
farmer's intentions were morally unjust; he was trying to abuse his
property rights in order to take advantage of others. Yet, as Gijs
van Donselaar explains, the major traditions in the theory of
economic justice, both from the libertarian right and from the
egalitarian left, have failed to appreciate the moral objection to
exploitative behavior that this case displays. Those traditions
entertain radically opposed views on how private property should be
distributed, but they do not consider the legitimacy of constraints
on the exercise of property rights--however they are distributed.
The second part of the book demonstrates how this failure clears
the way for a recent egalitarian argument, gaining in popularity,
for a so-called unconditional basic income. If all have an initial
right to an equal share of the resources of the world, then it soon
seems to follow that all have a right to an equal share of the
value of the resources of the world, which could be cashed in as a
labor-free income. That inference is only valid if moral behavior
similar to that of the farmer is tolerated.
Van Donselaar argues that, ultimately, a confusion about the
nature and value of freedom of choice is responsible for the odd
conception of private rights in resources that would justify
exploitation.
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