the deduction is to be made out. Again, it may be disputed whether
the right of Property, as thus derived, is to include the right of
controlling the disposal of one’s possessions after death. For this
to most persons seems naturally bound up with ownership: yet it is
paradoxical to say that we interfere with a man’s freedom of action by
anything that we may do after his death to what he owned during his
life: and jurists have often treated this right as purely conventional
and not therefore included in ‘natural law.’
Other difficulties might be raised: but we need not pursue them,
for if Freedom be taken simply to mean that one man’s actions are
to be as little as possible restrained by others, it is obviously
more fully realised without appropriation. And if it be said that it
includes, beside this, facility and security in the gratification of
desires, and that it is Freedom in this sense that we think should
be equally distributed, and that this cannot be realised without
appropriation; then it may be replied, that in a society where nearly
all material things are already appropriated, this kind of Freedom
is not and cannot be equally distributed. A man born into such a
society, without inheritance, is not only far less free than those
who possess property, but he is less free than if there had been no
appropriation. It may be said[215] that, having freedom of contract,
he will give his services in exchange for the means of satisfying his
wants; and that this exchange must necessarily give him more than he
could have got if he had been placed in the world by himself; that, in
fact, any human society always renders the part of the earth that it
inhabits more capable of affording gratification of desires to each
and all of its later-born members than it would otherwise be. But
however true this may be as a general rule, it is obviously not so
in all cases: as men are sometimes unable to sell their services at
all, and often can only obtain in exchange for them an insufficient
subsistence. And, even granting it to be true, it does not prove that
society, by appropriation, has not interfered with the natural freedom
of its poorer members: but only that it compensates them for such
interference, and that the compensation is adequate: and it must be
evident that if compensation in the form of material commodities can be
justly given for an encroachment on Freedom, the realisation of Freedom
cannot be the one ultimate end of distributive Justice.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account