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"Thirdly, there are circumstances in which we agree that it’s right for the government to take 100% or more of an individual’s marginal effort. If a man works an extra hour a day burgling houses or mugging people, we’d expect the state to take all the fruits of that labour." That premise is faulty. The state has no right to a person's zero-sum illegal gains; the person from whom those gains were taken is entitled to the full recompensation. The state only serves to transfer that wealth back to its rightful owner. This is the kind of thinking that lies behind asset forfeiture. The assumption that the state has first claim to another person's property is a dangerous one.
Toggle Commented Sep 8, 2011 on The morality of 50% at Stumbling and Mumbling
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Sep 8, 2011