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The labor theory of property (also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, or principle of first appropriation) is a theory of
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
that holds that property originally comes about by the exertion of labor upon natural resources. The theory has been used to justify the
homestead principle The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it ...
, which holds that one may gain whole permanent ownership of an unowned natural resource by performing an act of original appropriation. In his ''
Second Treatise on Government ''Two Treatises of Government'' (or ''Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True Original, ...
'', the philosopher
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism". Considered one of ...
asked by what right an individual can claim to own one part of the world, when, according to the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus ...
, God gave the world to all humanity in common. He answered that, although persons belong to God, they own the fruits of their labor. When a person works, that labor enters into the object. Thus, the object becomes the property of that person. However, Locke held that one may only appropriate property in this fashion if the
Lockean proviso The Lockean proviso is a feature of John Locke's labor theory of property which states that whilst individuals have a right to homestead private property from nature by working on it, they can do so only "at least where there is enough, and as g ...
held true, that is, "... there is enough, and as good, left in common for others".


Locke's formulation


Exclusive ownership and creation

Locke argued in support of individual property rights as
natural rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' an ...
. Following the argument the fruits of one's labor are one's own because one worked for it. Furthermore, the laborer must also hold a natural property right in the resource itself because exclusive ownership was immediately necessary for production.
Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolu ...
later criticized this second step in '' Discourse on Inequality'', where he argues that the natural right argument does not extend to resources that one did not create. Both philosophers hold that the relation between labor and ownership pertains only to property that was significantly unused before such labor took place.


Enclosure vs mixing labor

Land in its original state would be considered unowned by anyone, but if an individual applied his labor to the land by farming it, for example, it becomes his property. Merely placing a fence around land rather than using the land enclosed would not bring property into being according to most natural law theorists. For example, economist
Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School, economic historian, political theorist, and activist. Rothbard was a central figure in the 20th-century American libertarian ...
stated (in ''
Man, Economy, and State ''Man, Economy, and State: A treatise on economic principles'' is a 1962 book of Austrian School economics by Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian Schoo ...
''):


Acquisition vs mixing labor

The labor theory of property does not only apply to land itself, but to any application of labor to nature. For example, natural-rightist
Lysander Spooner Lysander Spooner (January 19, 1808May 14, 1887) was an American individualist anarchist, abolitionist, entrepreneur, essayist, legal theorist, pamphletist, political philosopher, Unitarian and writer. Spooner was a strong advocate of the labor ...
, says that an apple taken from an unowned tree would become the property of the person who plucked it, as he has labored to acquire it. He says the "only way, in which the wealth of nature"can be made useful to mankind, is by their taking possession of it individually, and thus making it private property." However, some, such as
Benjamin Tucker Benjamin Ricketson Tucker (; April 17, 1854 – June 22, 1939) was an American individualist anarchist and libertarian socialist.Martin, James J. (1953)''Men Against the State: The Expositers of Individualist Anarchism in America, 1827–1908''< ...
have not seen this as creating property in all things. Tucker argued that "in the case of land, or of any other material the supply of which is so limited that all cannot hold it in unlimited quantities, these should only be considered owned while the individual is in the act of using or occupying these things." This is a rejection of Absentee ownership for land.


Lockean proviso

Locke held that individuals have a right to homestead private property from nature by working on it, but that they can do so only "...at least where there is enough, and as good, left in common for others". The proviso maintains that appropriation of unowned resources is a diminution of the rights of others to it, and would be acceptable only so long as it does not make anyone worse off than they would have been before. The phrase "Lockean Proviso" was coined by political philosopher
Robert Nozick Robert Nozick (; November 16, 1938 – January 23, 2002) was an American philosopher. He held the Joseph Pellegrino University Professorship at Harvard University,
, and is based on the ideas elaborated by John Locke in his ''Second Treatise of Government.''


Criticism

Aside from critiques of natural rights as a whole, Locke's labor theory of property has been singled out for critique by modern academics who doubt the idea that mixing something owned with something unowned could imbue the object with ownership:
Jeremy Waldron believes that Locke has made a category mistake, as only objects can be mixed with other objects and laboring is not an object, but an activity.
Judith Jarvis Thomson Judith Jarvis Thomson (October 4, 1929November 20, 2020) was an American philosopher who studied and worked on ethics and metaphysics. Her work ranges across a variety of fields, but she is most known for her work regarding the thought experimen ...
points out that the act of laboring makes Locke's argument either an appeal to
desert A desert is a barren area of landscape where little precipitation occurs and, consequently, living conditions are hostile for plant and animal life. The lack of vegetation exposes the unprotected surface of the ground to denudation. About on ...
, in which case the reward is arbitrary-''"Why not instead a medal and a handshake from the president?"''-or little different than first possession theories that existed before Locke.
Ellen Meiksins Wood Ellen Meiksins Wood (April 12, 1942 January 14, 2016) was an American-Canadian Marxist political theorist and historian. Biography Wood was born in New York City on April 12, 1942, as Ellen Meiksins one year after her parents, Latvian Jews a ...
provides a number of critiques of Locke's labor theory of property from a Marxist perspective. Wood notes that Locke is not actually concerned with the act of labor or improving the ''use value'' of property, but rather is focused on the creation of ''exchange value'' as the basis of property. In addition to the theoretical deficiencies of Locke's theory of property, Wood also argues that Locke also provides a justification for the dispossession of indigenous land. The idea that making land productive serves as the basis of property rights establishes the corollary that the ''failure'' to improve land could mean ''forfeiting'' property rights. Under Locke's theory, " en if land is occupied by indigenous peoples, and even if they make use of the land themselves, their land is still open to legitimate colonial expropriation." Locke's notion that property "derives from the creation of value, from 'improvement' that enhances exchange value, implies not only that mere occupancy is not enough to establish property rights, or even that hunting-gathering cannot establish the right of property while agriculture can, but also that insufficiently productive and profitable agriculture, by the standards of English agrarian capitalism, effectively constitutes waste." Economist
John Quiggin John Quiggin (born 29 March 1956) is an Australian economist, a professor at the University of Queensland. He was formerly an Australian Research Council Laureate Fellow and Federation Fellow and a member of the board of the Climate Change Aut ...
argues that this fits into a larger fundamental criticism of Locke's labor theory of property which values a particular type of labor and land use (''i.e.'' agriculture) over all others. It thus does not recognize usage of land, for example, by hunter-gatherer societies as granting rights to ownership. In essence, the Lockean proviso depends on "the existence of a frontier, beyond which lies boundless usable land. This in turn requires the erasure (mentally and usually in brutal reality) of the people already living beyond the frontier and drawing their sustenance from the land in question." Locke's theories of property rights are often interpreted in the context of his support for chattel slavery of "prisoners captured in war" as a philosophical justification for the enslavement of Black Africans and expulsion or killing of Native Americans by early American colonists to gain their land.


See also

* Entitlement theory * First possession theory of property *
Georgism Georgism, also called in modern times Geoism, and known historically as the single tax movement, is an economic ideology holding that, although people should own the value they produce themselves, the economic rent derived from land—includi ...
*
Homestead principle The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it ...
* Propertarianism


References

{{Property navbox Theories of law Property John Locke