Lleyta

Precisely this. Whilst you knew the 'intent' of the property right owner, that means nothing until it is put into action. Similarly, you have no right to go into a restaurant and use their bathroom without asking, even if you know they would let you use it if you asked them. As it is their property, they have to confirm the transfer (in this case temporary transfer) of property rights to you.

Hi Guys. What is the earliest property rights theory that advocates the primacy of voluntary transfer that you know? Nozick (1974), of course, sets out his entitlement theory which explains his theory of Justice in Transfer which argues property rights can only be transferred legitimately if the transfer is voluntary. But where did he get this argument from? Which theorists thought of this conception before Nozick? I would assume some voluntarist philosophers had, but I'm struggling to find it any in literature? My other gut reaction was to look at Locke's Second Treatise (1689), but he only really discusses Justice in Acquistion, with no real mention of transfer. Any ideas? Thanks guys!