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        | 9.2  | TRADITIONAL PROPER AND IMPROPER ARGUMENTS |  
        | 9.2.1  | GENERAL ASPECTS OF JUSTIFICATION | 
 
 
 The property rules for the acquisition and transference
 (including alienation) of rights have been called "criteria of
 title". Consistence, determinacy and completeness have been
 mentioned as such criterions. 'Determinacy' is, then, the
 theoretical possibility to unequivocally determine who owns
 what; 'completeness' is the requirement that all ownables can be
 allocated on the basis of one or more criterions given. Thus it
 has been argued that a rule like To each according to
'er need
 is incomplete and must be supplemented by a rule allocating
 unneeded ownables. These conditions concern the scheme of
 justification, independently of its content or conclusiveness. 
 When considering the justification of property rights, it is
 necessary to distinguish three levels of justification. They
 have been called "general", "specific" and "particular". A
 general justification deals with the question whether there
 are or ought to be property rights; a specific justification
 with the question whether there are or ought to be specific
 sorts of such rights (for example, individual rights in other
 people, in sentient beings or in land); and a particular
 justification with the question whether a particular person or
 group of persons has or ought to have a specific right in a
 particular thing. If we can justify or explain that there ought
 to be property rights (in a cultural or legal sense) this is
 tantamount to proving that there are property rights in the
 normative sense. (Explanation and justification cannot be separated
 within the normative sphere.) Given that there are
 property rights in the normative sense, there ought to be
 property rights in the cultural and legal sense coinciding with
 them. This does not only concern individual property but also
 communal property; not only private but also collective property.
 It has been correctly pointed out that those believing in
 the collective property of a community or state with its own
 territory and natural resources are in the same need of
 providing a justification for such property rights. 
 The subject of distributive justice is closely related to
 that of the justification of property rights. As its major
 topics have been mentioned: the original acquisition of property
 (the appropriation of unowned things); the transfer of property
 (exchange, gift, alienation); and the rectification of injustice
 because of the existence of past injustice in holdings. The factors
 governing these topics have been labeled "the principle of
 justice in acquisition", "of justice in transfer" and "of
 rectification", respectively. A just transfer of a justly
 acquired holding would thus justify the new ownership of such a
 holding. And formally this is correct, but, as we will see, this
 proposition will not have the practical implications some think
 (and hope) it has. It stands or falls with the relevance of the
 description of the thing owned and the proviso that enough must
 be left over for others. 
 To determine whether a society, a community, or rather a
 situation, is just with respect to the distribution of goods, a
 theory of distributive justice, or of property, may use principles
 which are (also) past-regarding or not past-regarding at
 all. Past-regarding-principles (which are, confusingly,
 called "historical" too) hold that past circumstances or actions
 of people can justify different entitlements at a later time,
 whereas present-and-future-regarding (or 'unhistorical')
 principles are structural, 'end-result' or 'end-state' principles
 of justice which only look at the situation, and the people in
 this situation, at one particular moment without taking into
 consideration what preceded. Suppose, for example, that a
 certain good is scarce, and that everyone has first to work a
 number of years to make and get it. Suppose also that everyone
 is equally healthy and able to do the work required to
 eventually get the good in question. Then, the justice of the
 situation could not be assessed from a strictly nontemporal or
 non-past-regarding perspective, because looking at the situation
 at one particular moment it could, then, only be concluded that
 the situation is unjust, because some of the people have the
 good and some don't, while there are 'no' other differences
 between these people, let alone relevant ones. The relevant
 difference can only be discovered when looking at the situation
 from a past-regarding, temporal vantage point. 
 Past-regarding or temporal principles of distributive justice
 have been described as 'patterned' and 'nonpatterned'. A
 patterned distribution is, then, a distribution which varies
 along with some dimension, weighted sum or lexicographic ordering
 of a number of dimensions. As examples of such patterned
 principles have been mentioned: To each according to 'er moral
 merit or according to the weighted sum of moral merit,
 usefulness to society and need. It has been argued that a
 principle of entitlement would not be patterned, at least if
 'obligatory transfers' are ruled out, but such reasoning proves
 to be fallacious if, and insofar as, people are only entitled to
 the share in something and the conditions of ownership are
 themselves of a temporal nature. What may not be scarce today,
 may be scarce tomorrow; and what may be scarce today, may be
 scarcer tomorrow. It is amazing to see how the temporal concerns
 of those who plead for a 'historical' principle of justice in
 holdings may suddenly be spirited away to closed, unchanging
 slices of space when it comes to the change of the empirical
 conditions of ownership thru time.
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