(Part XI of this series)
Returning to Locke’s musings on property in Chapter 5, he goes on to make an uncontroversial refutation of a possible criticism of his theory. The objection maintains that anyone could arbitrarily seize the right to absurdly unnecessary amounts of resources (doesn’t this ring a bell?), if working for the acquisition of something affords a person property rights over it. This, of course, ignores Locke’s important caveat that the needs of the community ought to be considered; he’s not advocating an unrestrained law-of-the-jungle philosophy, but merely suggesting that no claim to resources an individual has taken by his/her own efforts should be denied, if this poses no explicit threat to the basic well-being of others. Abundant as many natural and artificial resources are, moreover, it’s not as if it’s even physically feasible for John Doe to declare a monopoly over all the planet’s water, etc.
Anti-socialist though Locke may have been, it’s worth bearing in mind that even his philosophy seen here leaves room for the appropriation of property to those who desperately need it, but who did not necessarily “work for it.” Not that we should treat him as the end-all-be-all of legal thought — this is simply a matter of engaging potential hypocrites on their own terms (including ourselves). What matters is whether Locke’s ideas stand to reason on their utilitarian merits, and what we can learn from this in attempting to reverse-engineering our modern system, to see where new legal challenges can fit in consistently.
In the same breath, Locke develops a fair idea about the availability of resources, and the vices of those who act as if one person claiming a part of those resources threatens them. In principle — though perhaps not always in practice depending on the nature of the resource — such objectors are, he contends, essentially smuggling in an excuse for their laziness. They could get a slice of the same pie if they so chose and acted, but they would prefer to indirectly steal from the person they denigrate. I have no problems with this so far, yet we’d be wise to remember life always comes with nuances to form exceptions to rules like these.