The Lockean Proviso

On each of Locke’s accounts of the origin of private property rights, unowned property can only be acquired subject to the Lockean proviso. This proviso is an ‘enough and as good’ clause on original acquisition, stating that we can only appropriate unowned property if we leave enough and as good for others.

Where resources are scarce, according to this proviso, I cannot legitimately stake a claim to something by annexing my labour to it. Neither can I make it mine by enhancing its value. If the resource is necessary for the continued well-being of others, then the fact that I was the one who developed or improved the resource does not give me exclusive rights over it. My entitlement to reward for my labour is overridden by the entitlement of others to that which is necessary for their survival. On Locke’s view, people have a right to charity from others’ plenty. Monopolies, exclusive rights over scarce resources, involve a breach of this right, and so cannot be legitimately acquired.

The Lockean proviso is motivated by the following consideration: Prior to a particular acquisition, everything is commonly owned. No-one can reasonably object to my taking something for my own unless it worsens their situation. If there is an undeveloped resource, only one, and I develop it myself, then I have worsened their situation as they can no longer do the same. If, however, there are other such opportunities for development, then my appropriation can be legitimate.

Locke also adds a non-waste clause, stipulating that only those who will use, or at least maintain, a resource may claim it.