John Locke's political theory has been the subject of many detailed treatments by philosophers and political scientists. But The Lockean Theory of Rights is the first systematic, full-length study of Locke's theory of rights and of its potential for making genuine contributions to contemporary debates about rights and their place in political philosophy. Given that the rights of persons are the central moral concept at work in Locke's and Lockean political philosophy, such a study is long overdue.

Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and (...) it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

It is claimed by philosophers as diverse as Burke, Walzer, Dworkin, and MacIntyre that our political obligations are best understood as "associative" or "communal" obligations--that is, as obligations that require neither voluntary undertaking nor justification by "external" moral principles, but rather as "local" moral responsibilities whose normative weight derives entirely from their assignment by social practice. This paper identifies three primary lines of argument that appear to support such assertions: conceptual arguments, the arguments of nonvoluntarist contract theory, and communitarian arguments (...) (which emphasize both an "identity thesis" and a "normative independence thesis"). However, each of these lines of argument fails to show that political obligations are associative obligations. (shrink)

Anarchist political philosophers normally include in their theories (or implicitly rely upon) a vision of a social life very different than the life experienced by most persons today. Theirs is a vision of autonomous, noncoercive, productive interaction among equals, liberated from and without need for distinctively political institutions, such as formal legal systems or governments or the state. This "positive" part of anarchist theories, this vision of the good social life, will be discussed only indirectly in this essay. Rather, I (...) want to focus here on the "negative" side of anarchism, on its general critique of the state or its more limited critique of the specific kinds of political arrangements within which most residents of modern political societies live. Even more specifically, I will center my discussion on one particular version of this anarchist critique - the version that is part of the theory now commonly referred to as "philosophical anarchism". Philosophical anarchism has been much discussed by political philosophers in recent years. But it has not, I think, been very carefully defined or adequately understood. My object here will be to clear the ground for a fair evaluation of philosophical anarchism, by offering a more systematic account of the nature of the theory and of possible variants of the theory, and by responding to the most frequent objections to the theory. I hope by this effort to present philosophical anarchism as a more attractive, or at least a less obviously flawed, political philosophy. (shrink)

Chapter 4 examines the possible strategies of moral justification for states’ claims to jurisdictional and property-like authority over a particular geographical territory. It distinguishes nationalist, functionalist, and voluntarist strategies, dividing this last category into Lockean-individualist and plebiscitary voluntarism. All of these strategies are viewed as possible responses to cosmopolitan skepticism on these questions. Nationalism, functionalism, and plebiscitary voluntarism are criticized for their strongly counterintuitive implications. In particular, the chapter stresses their problems with “trapped minorities,” where minority groups or individuals do (...) not share the political interests and assumptions of the majority nation or people, and their implausible commitments concerning “rights supersession,” where rights are assumed to lapse or pass to wrongdoers. (shrink)

What did Leibniz have to contribute to the philosophy of mind? To judge from textbooks in the philosophy of mind, and even Leibniz commentaries, the answer is: not much. That may be because Leibniz’s philosophy of mind looks roughly like a Cartesian philosophy of mind. Like Descartes and his followers, Leibniz claims that the mind is immaterial and immortal; that it is a thinking thing ; that it is a different kind of thing from body and obeys its own laws; (...) and that it comes stocked with innate truth-tracking intellectual ideas and an epistemically troubling habit of forming confused sensory ideas on the occasion of external corporeal events. Nothing is new. Of course, Leibniz adds unconscious perceptions to the mind in the form of his famous petites perceptions, and he offers a unique solution to the problem of mind-body interaction in the form of his infamous pre-established harmony. In the overall scheme of things, however, these look like minor alterations in a philosophy of mind that the Cartesians had been advocating for some fifty years. Or so it appears. (shrink)

My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because (...) of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons. (shrink)

When officials of some political society portray their state as legitimate - and when do they not! - they intend to be laying claim to a large body of rights, the rights in which their state's legitimacy allegedly consists. The rights claimed are minimally those that states must exercise if they are to retain effective control over their territories and populations in a world composed of numerous autonomous states. Often the rights states are trying to claim in asserting their legitimacy (...) go far beyond this minimum. But whether a state's claims are modest or extravagant, the rights claimed invariably fall into three categories. The first category is a set of rights held over or against those persons who fall within the state's claimed legal jurisdiction - what I will call rights over subjects. The second is a set of rights claimed against those persons without the state's jurisdiction - what we can call rights against aliens. And the third category is a set of rights held over a particular geographical territory (whose extent largely determines the scope of the state's jurisdiction) - call these rights over territory. The rights states claim in these three categories jointly define their conception of the sovereignty that they (or their governments or institutions) enjoy, sovereignty that is more extensive (strong, absolute) as the rights asserted in these categories are more numerous and wide-ranging. It is principally on the third of these categories - on the nature and possible moral bases for the claims states make over geographical territories - that I will focus in this essay. The modern state is a territorial entity, and it claims to be legitimately so. Sidgwick was surely correct when he wrote that "it seems essential to the modern conception of a State that its government should exercise supreme dominion over a particular portion of the earth's surface ... Indeed, in modern political thought the connection between a political society and its territory is so close that the two notions almost blend." Common sense seems to view the territoriality of the modern state as natural and unquestionable. That, perhaps, explains why so little has been written, either by contemporary theorists or by the authors of the classics of modern political philosophy, on the moral bases of the modern state's claimed rights over territory. States typically claim not only legal authority over their territories (i.e., that their rights over those territories should be affirmed by international law), but moral authority as well - at the very least insofar as the relevant principles of international law are thought themselves to have moral weight. My concern here, then, will be with the possible moral bases for the kinds of claims made over geographical territories by typical modern states. (shrink)

It is commonly suggested that empathy is a morally important quality to possess and that a failure to properly empathize with others is a kind of moral failure. This suggestion assumes that empathy involves caring for others’ well-being. Skeptics challenge the moral importance of empathy by arguing that empathy is neither necessary nor sufficient to care for others’ well-being. This challenge is misguided. Although some forms of empathy may not be morally important, empathy with another’s basic well-being concerns is both (...) necessary and sufficient to care for another’s well-being, provided that one’s empathy is both cognitive and affective. I further defend the idea that empathy of this form is a moral virtue. In doing so, I address three challenges to empathy’s status as a virtue: (1) that empathy is unnecessary for being ethical, (2) that it is not useful for promoting ethical behavior, and (3) that an empathetic person can lack other traits central to being virtuous, such as being motivated by the moral good and being disposed to do virtuous things whenever appropriate opportunities arise. I argue that these challenges are mistaken. (shrink)

Descartes revolutionized our conception of the mind by identifying consciousness as the mark of the mental: all and only thoughts are conscious. Today the idea that all thoughts are conscious seems obviously wrong. Worse, however, Descartes himself seems to posit a whole host of unconscious thoughts. Something is not as it seems. Either Descartes is remarkably inconsistent, or his claim that all thought is conscious is more nuanced than it appears. In this paper I argue that while Descartes was indeed (...) unwavering in his commitment to the conscious mark, he had the resources to distinguish different types and degrees of consciousness that make for a richer cognitive psychology than he is typically credited with. (shrink)

The most recent addition to the Fundamentals of Philosophy Series, Political Philosophy is a concise yet thorough and highly engaging introduction to the essential problems of the discipline. Organized topically and presented in a straightforward manner by an eminent political philosopher, A. John Simmons, it investigates the nature and basis of political authority and the structure and organization of political life. Each chapter focuses on a central problem, considers how it could be addressed, and outlines the various philosophical positions surrounding (...) it. Covering both historical and contemporary work, this unique text offers a survey of major concepts and debates while also reflecting the author's views and contributions. Accessible to novices yet also useful for advanced students, Political Philosophy presents a unified and accessible portrait of the issues that have been puzzling political philosophers for years. (shrink)

‘Rights and Territories: A Reply to Nine, Miller, and Stilz’ defends the Lockean theory of states’ territorial rights (as this theory was presented in Boundaries of Authority) against the critiques of Nine, Miller, and Stilz. In response to Nine’s concern that such a Lockean theory cannot justify the right of legitimate states to exclude aliens, it is argued that a consent-based theory like the Lockean one is flexible enough to justify a wide range of possible incidents of territorial rights – (...) importantly including, though not necessarily including, the sort of right to exclude aliens that is familiar from actual political practice. Miller’s criticisms are more wide-ranging. In response, the article argues that Lockean labor-based property rights are both stronger and more enduring than Miller suggests and that nationalism’s resources for dealing with concerns about rights-supersession and trapped minorities are importantly overstated by Miller. Against Stilz’s Kantian, ‘presentist’ account of states’ authority over persons and territories, it is argued that the rectification of past (historical) wrongs remains morally crucial even in the context of otherwise-just societies and that Stilz’s Kantian/rawlsian position unconvincingly privileges the rights to autonomy of territorially concentrated groups over those of dissenting individuals or wrongfully dispersed groups. (shrink)

Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...) boundaries between different states' domains of authority in the natural or intuitive places. (shrink)

Descartes is often thought to bifurcate sensory experience into two distinct cognitive components: the sensing of secondary qualities and the more or less intellectual perceiving of primary qualities. A closer examination of his analysis of sensory perception in the Sixth Replies and his treatment of sensory processing in the Dioptrics and Treatise on Man teIls a different story. I argue that Descartes offers a unified cognitive account of sensory experience according to which the senses and intellect operate together to produce (...) a fundamentally imagistic representation of the world in both its primary and secondary quality aspects. At stake here is not only our understanding of the cognitive structure of sensory experience but the relation of sense and intellect more generally in the Cartesian mind. The deep bifurcation in the Cartesian mind is not between the sensory perception of primary and secondary qualities but between sensory perception and purely intellectual perception. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.1 (2001) 49-75 [Access article in PDF] Sensible Ends:Latent Teleology in Descartes' Account of Sensation Alison Simmons One of Descartes' hallmark contributions to natural philosophy is his denunciation of teleology. It is puzzling, then, to find him arguing in Meditation VI that human beings have sensations in order to preserve the union of mind and body (AT VII 83). 1 This appears to (...) be just the sort of teleological explanation that he proscribes. Descartes' Anglo-American commentators have had little to say about the teleological overtones of his claims about sensation. His French commentators acknowledge these overtones, but seem largely untroubled by them. 2 It is worth pausing to be troubled, for a closer analysis reveals that Descartes' famous proscription against teleology is not as simple as it is generally thought to be. In the first half of this essay, I argue that Descartes advocates a genuinely teleological conception of the senses. My aim is not to charge Descartes with employing illicit teleology, but to argue that there is a place for teleology even in his revisionist natural philosophy. Accordingly, in the second half of this essay, I argue that Descartes' assault on teleological explanation is [End Page 49] not a sweeping assault on finality, but a more directed attack on particular uses of ends in natural philosophy. Descartes' assault leaves standing a form of teleological explanation that proves crucial to his own treatment of sensation. 1. Descartes' Rejection of Teleological Explanation at a Glance A teleological explanation is one that purports to account for something in terms of its ends or its function relative to the ends of the system of which it is a part. Aristotle's physics provides many classic examples: plants produce leaves for the protection of their fruit; spiders spin webs in order to catch food; animals grow sharp front teeth and dull back teeth in order to facilitate biting and chewing respectively; eyes are for seeing. According to Aristotle, all natural phenomena are directed toward ends and no explanation is complete without a teleological component that specifies the end for the sake of which the phenomenon occurs. Indeed ends take explanatory priorityover other causes: "Both causes [the end and the matter] must be stated by the student of nature, but especially the end; for that is the cause of the matter, not vice versa." 3 And: [T]he causes concerned in natural generation are, as we see, more than one. There is the cause for the sake of which [the end], and the cause whence the beginning of motion comes [the efficient cause]. Now we must decide which of these two causes comes first, which second. Plainly, however, that cause is the first which we call that for the sake of which. For this is the account of the thing, and the account forms the starting-point.4In other words, Aristotle argues that natural substances have the matter they do, have the parts or organs they do, are organized as they are and act as they do for the sake of their ends. To explain why things are as they are, the natural philosopher must therefore explain the ways in which they contribute to ends.Among the late scholastic Aristotelians familiar to Descartes there is considerable debate concerning the causal efficacy of ends. Genuine final causation, in which something is said to be acted on by an end, is limited to the intentional behavior of rational agents who consciously recognize their ends: only something that recognizes an end can be "moved" by one. Even here the sort of causation involved is peculiar: a rational agent is "moved" by an end insofar as the end induces a "metaphorical motion" toward (or desire for) the end in the agent's will. 5 While these scholastic Aristotelians resist attributing final causation [End Page 50] to non-rational creatures, they nevertheless persist in attributing ends to them. When Toletus, Rubio, the Coimbrans and Suarez take up the question whether nature acts propter finem, each answers it affirmatively: natural... (shrink)

The particular design of any technology may have profound social implications. Computing technologies are deeply intermeshed with the activities of daily life, playing an ever more central role in how we work, learn, communicate, socialize, and participate in government. Despite the many ways they have improved life, they cannot be regarded as unambiguously beneficial or even value-neutral. Recent experience shows they can lead to unintended but harmful consequences. Some technologies are thought to threaten democracy through the spread of propaganda on (...) online social networks, or to threaten privacy through the aggregation of datasets that include increasingly personal information, or to threaten justice when machine learning is used in such high-stakes, decision-making contexts as loan application reviews, employment procedures, or parole hearings. It is insufficient to ethically assess technology after it has produced negative social impacts, as has happened, for example, with facial recognition software that discriminates against people of color and with self-driving cars that are unable to cope with pedestrians who jay-walk. Developers of new technologies should aim to identify potential harmful consequences early in the design process and take steps to eliminate or mitigate them. This task is not easy. Designers will often have to negotiate among competing values—for instance, between efficiency and accessibility for a diverse user population, or between maximizing benefits and avoiding harm. There is no simple recipe for identifying and solving ethical problems. -/- Computer science education can help meet these challenges by making ethical reasoning about computing technologies a central element in the curriculum. Students can learn to think not only about what technology they could create, but also whether they should create that technology. Learning to reason this way requires courses unlike those currently standard in computer science curricula. A range of university courses on topics in areas of computing, ethics, society and public policy are emerging to meet this need. Some cover computer science broadly, while others focus on specific problems like privacy and security; typically, these classes exist as stand-alone courses in the computer science curriculum. Others have integrated ethics into the teaching of introductory courses on programming, artificial intelligence, and human-computer interaction. (shrink)

This paper argues that libertarian political philosophers, including Robert Nozick, have erred in neglecting the problem of political obligation and that they ought to embrace an actual consent theory of political obligation and state legitimacy. It argues as well that if they followed this recommendation, their position on the subject would be correct. I identify the tension in libertarian (and especially Nozick's) thought between its minimalist and its consensualist strains and argue that, on libertarianism's own terms, the consensualist strain ought (...) to prevail. I then describe the form of the consent theory that I recommend to libertarians. The paper concludes with an extended defense of this form of consent theory against contemporary liberal-egalitarian criticisms of it (both explicit and implicit), including those of Dworkin, Rawls, and their followers. Footnotesa Earlier versions of this essay were presented at the University of Michigan, Virginia Commonwealth University, and Brown University. For their lively discussions and helpful suggestions for the improvement of this essay, I am grateful to those audiences and to my fellow contributors to this volume. And for their careful reading and comments, I thank the editors of Social Philosophy and Policy. (shrink)

One challenge to the idea that animals have a moral right to life claims that any such right would require us to intervene in the wild to prevent animals from being killed by predators. I argue that belief in an animal right to life does not commit us to supporting a program of predator-prey intervention. One common retort to the predator challenge contends that we are not required to save animals from predators because predators are not moral agents. I suggest (...) that this retort fails to overcome the predator challenge. I seek to articulate a more satisfactory argument explaining why we are not required to save wild prey from predators and how this position is perfectly consistent with the idea that animals have a basic right to life. (shrink)

As its subtitle indicates, Democracy’s Discontent is a study of the political philosophies that have guided America’s public life. The “search” Michael Sandel describes has, in his view, temporarily come to a disappointing resolution in America’s acceptance of a liberal “public philosophy” that “cannot secure the liberty it promises” and has left Americans “discontented” with their “loss of self-government and the erosion of community”. This theme is unlikely to surprise readers familiar with Sandel’s earlier work. What may surprise them is (...) how little of Sandel’s second book is devoted to his critique of liberal theory or to his defense of his favored “republican” alternative. Far less than 10 percent of the book is devoted to characterizing liberal and republican political philosophy and to argument concerning their relative theoretical virtues. The body of Democracy’s Discontent is a history of American Constitutional law and political/economic debate, from pre-Revolutionary times to the Clinton presidency, all designed to show that the republican vision that has animated so much of that history has been recently abandoned to our detriment, replaced by a liberal public philosophy whose dramatic failure in practice “recapitulates” its “poverty in theory”. Sandel’s history is lively and engaging, and many of his analyses are insightful and persuasive. But the looseness in his treatment of theory regularly infects the conclusions he draws from this history and undermines his efforts to show that American political practice indicts liberal political philosophy. (shrink)

My aim in this essay is to explore the nature and force of “original-acquisition” justifications of private property. By “original-acquisition” justifications, I mean those arguments which purport to establish or importantly contribute to the moral defense of private property by: offering a moral/historical account of how legitimate private property rights for persons first arose ; offering a hypothetical or conjectural account of how justified private property could arise from a propertyless condition; or simply defending an account of how an individual (...) can make private property in some previously unowned thing . The “original acquisition” to which such justifications centrally refer, then, may be either the first instance of legitimate private property in human history , or only the first legitimate acquisition of some particular thing . But in either case, the justification will involve or entail the defense of one or more moral principles specifying how unowned things can become privately owned — that is, the defense of the kind of principles Robert Nozick has called “principles of justice in acquisition.”. (shrink)

The prelims comprise: The Basic Concepts The Philosophical Problem Brief History Socrates and the Three Strategies Particularity and Natural Duty Accounts Associative Accounts Transactional Accounts Pluralist and Anarchist Responses Bibliography.

In his paper "Role Obligations," Michael Hardimon defends an account of the nature and justification of institutional obligations that he takes to be clearly superior to the "standard" voluntarist view. Hardimon argues that this standard view presents a "misleading and distorted" picture of role obligations (and of morality generally); and in its best form he claims this view still "leaves out" of its understanding of even contractual role obligations an "absolutely vital factor". I argue against Hardimon that a related version (...) of this "standard view" of institutional obligations is "standard" for a very good reason - namely, that it is true. (shrink)

Descartes’ mind-body dualism and his quest for objective knowledge can appear de-humanizing. My aim in this paper is to re-humanize Descartes. When we take a closer look at what Descartes actually says about human beings, it casts his entire thought in a much different light.

While moral arguments for vegetarianism have been explored in great depth, the arguments for veganism seem less clear. Although many animals used for milk and eggs are forced to live miserable lives on factory farms, it’s possible to raise animals as food resources on farms where the animals are treated more humanely and never slaughtered. Under more humane conditions, do we harm animals to use them for food? I argue that, even under humane conditions, using animals for food typically harms (...) animals by restricting their freedom. My argument raises an important question about the extent to which animals are harmed when their freedom is restricted. On one view, it is possible to restrict animals’ freedom without harming them so long as we don’t make them suffer. This view underestimates the value of freedom for animals. Even if animals aren’t made to suffer, restricting their freedom can harm them insofar as it deprives them of freely pursuing their enjoyments in life. My argument has implications for not only the ethics of using animals as food resources but also the ethics of using animals in zoos and circuses. I examine these implications and also consider what we should do with farm animals if we cease using them for food. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

This paper examines the thesis that human labor creates property rights in or from previously unowned objects by virtue of labor's power to make new things. This thesis is considered for two possible roles: first, as a thesis to which John Locke might have been committed in his writings on property; and second, as a thesis of independent plausibility that could serve as part of a defensible contemporary theory of property rights. Understanding Locke as committed to the thesis of makers' (...) rights has seemed to many of the best known recent Locke scholars to explain and unify Locke's various claims about property in a way that more traditional "labor-mixing" interpretations cannot. This paper argues that there is in fact no convincing evidence in Locke's texts to suggest any commitment to the thesis of makers' rights for humans. (shrink)