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On the Right to Private Property and Entitlement to One's Income


Andrei Marmor


University of Southern California - Gould School of Law

September 13, 2004

USC Public Law and Policy Research Paper No. 04-15

Abstract:     
In this short essay I argue that the main insight of Murphy and Nagel's book, The Myth of Ownership, that people have no right to their pre-tax income, is not supported by their claim that the right to private property is not a natural right. The non-naturalness of the right to private property, I argue, is completely irrelevant to their moral argument. The plausibility of their moral conclusion derives from the thesis (which they also seem to endorse) that people do have a right to the fruits of their labor, maintaining, however, that there is no possible conception, morally speaking, of what the fruits of one's labor are, independent of a system of legal and social norms that constitute the terms of fair bargaining, pricing, etc. People can only have a right to a fair assessment of the added value of their labor, and the latter cannot make any sense independent of the entire system of norms prevailing in the relevant society. I argue that this conclusion is not affected by the nature of the right to private property.

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Date posted: July 23, 2004  

Suggested Citation

Marmor, Andrei, On the Right to Private Property and Entitlement to One's Income (September 13, 2004). USC Public Law and Policy Research Paper No. 04-15. Available at SSRN: http://ssrn.com/abstract=567784 or http://dx.doi.org/10.2139/ssrn.567784

Contact Information

Andrei Marmor (Contact Author)
University of Southern California - Gould School of Law ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-821-5437 (Phone)
213-740-2551 (Fax)
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