Grotius on Property and the Right of Necessity

DENNIS KLIMCHUK

JOURNAL OF THE HISTORY OF PHILOSOPHY

Abstract: It is widely held that in situations of peril, it is permissible to use another’s property without her permission if that is the only way to save oneself from serious harm, but that if one damages or consumes that property, one ought to compensate its owner. However, this idea—that there is what is commonly called ‘the right of necessity’—has proven surprisingly difficult to justify. According to Grotius, the right of necessity issues from a constraint imposed by natural law on the positive law of private property. I defend an interpretation of Grotius’s account of property and the right of necessity against some recent sympathetic readers, and show how he escapes a seemingly telling criticism from Pufendorf.

Barriers to prosperity: the harmful impact of entry regulations on income inequality

DUSTIN CHAMBERS, PATRICK A. MCLAUGHLIN, LAURA STANLEY

PUBLIC CHOICE

Abstract: Entry regulations, including fees, permits and licenses, can make it prohibitively difficult for low-income individuals to establish footholds in many industries, even at the entry-level. As such, these regulations increase income inequality by either preventing access to higher paying professions or imposing costs on individuals choosing to enter illegally and provide unlicensed services. To estimate this relationship empirically, we combine entry regulations data from the World Bank’s Doing Business Index with various measures of income inequality, including Gini coefficients and income shares to form a panel of 115 countries. We find that countries with more stringent entry regulations tend to experience more income inequality. In countries with average inequality, increasing the number of procedures required to start a new business by one standard deviation is associated with a 7.2% increase in the share of income accruing to the top decile of earners, and a 12.9% increase in the overall Gini coefficient. This result is robust to the measure of inequality, startup regulations, and potential endogeneity. We conclude by offering several policy recommendations designed to minimize the adverse effects of entry regulations.

De-moralization as Emancipation: Liberty, Progress, and the Evolution of Invalid Moral Norms

ALLEN MUCHANAN and RUSSELL POWELL

SOCIAL PHILOSOPHY AND POLICY, Volume 34, Issue 2

Abstract: Liberal thinkers of the Enlightenment understood that surplus moral constraints, imposed by invalid moral norms, are a serious limitation on liberty. They also recognized that overcoming surplus moral constraints — what we call proper de-moralization — is an important dimension of moral progress. Contemporary philosophical theorists of liberty have largely neglected the threat that surplus moral constraints pose to liberty and the importance of proper de-moralization for human emancipation. This essay examines the phenomena of surplus moral constraints and proper de-moralization, utilizing insights from biological and cultural evolutionary thinking.

30 years after the nobel: James Buchanan’s political philosophy

MICHAEL C. MUNGER

THE REVIEW OF AUSTRIAN ECONOMICS

Abstract: There are three main foundations of Public Choice theory: methodological individualism, behavioral symmetry, and “politics as exchange.” The first two are represented in nearly all work that identifies as “Public Choice,” but politics as exchange is often forgotten or de-emphasized. This paper—adapted from a lecture given on the occasion of the 30th year after Buchanan’s Nobel Prize—fleshes out Buchanan’s theory of politics as exchange, using four notions that are uniquely central to his thought: philosophical anarchism, ethical neutrality, subjectivism, and the “relatively absolute absolutes.” A central tension in Buchanan’s work is identified, in which he seems simultaneously to argue both that nearly anything agreed to by a group could be enforced within the group as a contract, and that there are certain types of rules and arrangements, generated by decentralized processes, that serve human needs better than state action. It is argued that it is a mistake to try to reconcile this tension, and that both parts of the argument are important.

 

Barriers to prosperity: the harmful impact of entry regulations on income inequality

DUSTIN CHAMBERS, PATRICK A. MCLAUGHLIN, LAURA STANLEY

PUBLIC CHOICE

Abstract: Entry regulations, including fees, permits and licenses, can make it prohibitively difficult for low-income individuals to establish footholds in many industries, even at the entry-level. As such, these regulations increase income inequality by either preventing access to higher paying professions or imposing costs on individuals choosing to enter illegally and provide unlicensed services. To estimate this relationship empirically, we combine entry regulations data from the World Bank’s Doing Business Index with various measures of income inequality, including Gini coefficients and income shares to form a panel of 115 countries. We find that countries with more stringent entry regulations tend to experience more income inequality. In countries with average inequality, increasing the number of procedures required to start a new business by one standard deviation is associated with a 7.2% increase in the share of income accruing to the top decile of earners, and a 12.9% increase in the overall Gini coefficient. This result is robust to the measure of inequality, startup regulations, and potential endogeneity. We conclude by offering several policy recommendations designed to minimize the adverse effects of entry regulations.

‘A Burthen Too Heavy For Humane Sufferance’: Locke on Reputation

STUART-BUTTLE, T.

HISTORY OF POLITICAL THOUGHT, Volume 38, Number 4

Abstract: Locke emphasized that a concern for reputation powerfully shaped the individual’s conduct. Most scholarship suggests that Locke portrayed this phenomenon in negative terms. This article complicates this picture. A concern for reputation served a constructive role in Locke’s theory of social development, which offered a powerful alternative explanation of the origins of moral consensus and political authority to Hobbes’s. Locke nonetheless suggested that misunderstandings engendered in Christian commonwealths regarding the nature of political and religious authority had impacted negatively on the moral regulation of societies. The forces governing society, which once habituated individuals in beneficial ways, now led them astray.

Marsilius of Padua on Representation

MULIERI, A.

HISTORY OF POLITICAL THOUGHT, Volume 38, Number 4

Abstract: The concept of representation plays an important role in Marsilius of Padua’s major work, the Defensor Pacis. Yet, with a few notable exceptions,Marsilius’ concept of representation has received relatively little attention among recent scholars. The main purpose of this article is to fill this gap and scrutinizeMarsilius’ concept of representation as an autonomous theoretical and political problem in the Defensor Pacis. The paper first surveys the different meanings of repraesentatio that appear in Marsilius’ 1324 work. It then identifies an understanding of political representation — repraesentatio identitatis — that unites most cases in which Marsilius explicitly deploys a political language of representation, whether in the context of secular or church governance. Marsilius’ usage of the concept of repraesentatio identitatis is particularly innovative as it turns a notion coming from corporate theory in civil and canon law into a specifically philosophical-political theory.