Mandating a civil constitution to settle ownership presupposes that centralized deliberate design can determine fairness better than evolved institutional practice, a presupposition that lacks empirical and epistemic warrant.

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Empirical warrant(describing what analogies fail to transfer between different fields): Real, observable evidence that gives you good reason to believe something is actually true about the world.
Epistemic warrant(in logic and knowledge): The amount of evidence, reasoning, or justification you actually have to believe something is true—basically, how much proof or support backs up a claim.
centralized deliberate design(as used in political philosophy): A system where a single authority sits down and consciously plans out how society should work, rather than letting things develop naturally over time.
civil constitution(Kant's property theory): A collective political arrangement that settles property ownership on terms fair to all parties, thereby conferring full legitimacy on property rights.

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