PT141.S1.P4.Q23

PrepTest 141 - Section 1 - Passage 4 - Question 23

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Passage A

P1

There are two principles that are fundamental to a theory of justice regarding property. The principle of justice in acquisition specifies the conditions under which someone can legitimately come to own something that was previously not owned by anyone. The principle of justice in transfer specifies the conditions under which the transfer of property from one person to another is justified.

Two principles of justice regarding property · Justice in acquisition (how people acquire unowned property), and justice in transfer (how people acquire property that was owned)
P2

Given such principles, if the world were wholly just, the following definition would exhaustively cover the subject of justice regarding property:.

P3

1. A person who acquires property in accordance with the principle of justice in acquisition is entitled to that property.

P4

2. A person who acquires property in accordance with the principle of justice in transfer, from someone else who is entitled to the property, is entitled to the property.

P5

3. No one is entitled to any property except by (repeated) applications of 1 and 2.

Definition of just acquisition of property · Person is entitled to property if they acquired in accordance with the two principles
And, if the property was acquired from someone else who owned it, that person also had to have acquired the property in accordance with the two principles.
P6

However, not all actual situations are generated in accordance with the principles of justice in acquisition and justice in transfer. Some people steal from others or defraud them, for example. The existence of past injustice raises the issue of the rectification of injustice. If past injustice has shaped present ownership in various ways, what, if anything, ought to be done to rectify that injustice?

Unjust ownership · Some people get property without following the two principles
A principle of rectification would use historical information about previous situations and injustices done in them, and information about the actual course of events that flowed from these injustices, to produce a description of the property ownership that should have resulted. Actual ownership of property must then be brought into conformity with this description.

Principle of rectification · Return property to whoever would have been true owner had the two principles of justice been followed
We can use historical information to learn about theft/fraud and figure out who the true owner should be.

Passage B

P7

In 1790, the United States Congress passed the Indian Nonintercourse Act, which requires that all transfers of lands from Native Americans to others be approved by the federal government. The law has not been changed in any relevant respect, and it remains in effect today. Its purpose is clear. It was meant to guarantee security to Native Americans against fraudulent acquisition by others of the Native Americans' land holdings. Several suits have been initiated by Native American tribes for recovery of lands held by them when the Nonintercourse Act took effect.

P8

One natural (one might almost say obvious) way of reasoning about Native American claims to land in North America is this: Native Americans were the first human occupants of this land. Before the European invasion of North America, the land belonged to them. In the course of that invasion and its aftermath, the land was illicitly taken from them. The current owners lack a well-founded right to the land, which now lies illicitly in their hands. Ideally, the land should be restored to its rightful owners. This may be impractical; compromises might have to be made. But the original wrong can most easily be righted by returning the land to them—or by returning it wherever that is feasible.

Details of Indian Nonintercourse Act · Requires all transfers of land from Native Americans to others be approved by US government
The law was intended to protect Native Americans against people trying to get their land by fraud.
Passage Style
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23.

Both passages explicitly mention which one of the following?

a

transfer of property from one owner to another

Stated in Passage A and Stated in Passage B.

62%
b

a legal basis for recovery of property

Not stated in Passage A.

13%
c

entitlement to property in a wholly just world

Not stated in Passage B.

8%
d

practicability of rectification of past injustice

Practicability of rectification isn’t mentioned in Passage A.

16%
e

injustice committed as part of an invasion

Not stated in Passage A.

2%

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