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It is not the case that People are required to enter into a civil constitution that settles ownership on a basis fair to all.
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Reasons For
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Reason for 1 of 2
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1.
Pre-political property rights grounded in labor or first occupation are fully legitimate without civil ratification (Locke, Second Treatise §27).
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2.
A requirement to submit natural property rights to collective civil settlement permits majoritarian appropriation of legitimately held individual property.
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Reason for 2 of 2
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1.
Spontaneous orders, not civil constitutions, most reliably produce fair distributions of property through dispersed knowledge coordination (Hayek, Law, Legislation and Liberty).
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2.
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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Reasons Against
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Reason against
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1.
The principle requiring people to act so that external objects can be used as property is binding.
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2.
Full legitimacy of property requires ratification by an arrangement that respects everyone's interests.
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3.
A civil constitution is the arrangement that settles who owns what on a basis fair to all.
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