Passage A
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.
Given such principles, if the world were wholly just, the following definition would exhaustively cover the subject of justice regarding property:.
1. A person who acquires property in accordance with the principle of justice in acquisition is entitled to that property.
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.
3. No one is entitled to any property except by (repeated) applications of 1 and 2.
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? …
Passage B
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.
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.
The author of passage A would be most likely to characterize the purpose of the Indian Nonintercourse Act as which one of the following?
legitimization of actual property holdings during the eighteenth century
We have no reason to think Passage A believes the Indian Nonintercourse Act legitimizes property holdings during 18th century. The Act doesn’t make people’s holdings legitimate; it prohibits certain kinds of transfers.
clarification of existing laws regarding transfer of property
There’s no indication Passage A would think the Act clarifies existing laws. It’s not clear that there were existing laws to be clarified prior to the Indian Nonintercourse Act.
assurance of conformity to the principle of justice in acquisition
The Act relates to justice in transfer, not justice in acquisition. Justice in acquisition relates to owning something “that was not previously owned by anyone.” But the Act relates to land that is already owned by Native Americans.
prevention of violations of the principle of justice in transfer
This best captures Passage A’s thoughts on the Act. The purpose of the Indian Nonintercourse Act is “to guarantee security to Native Americans against fraudulent acquisition by others of the Native Americans' land holdings.” The Act requires that all land transfers from Native Americans to others be approved by the government. This appears to be related to the principle of justice in transfer — it specifies the conditions under which the transfer of property from one person to another is justified. The Act tries to prevent violations of this principle by prohibiting transfers in conditions when that transfer isn’t justified (when the Native Americans are likely to be defrauded).
implementation of a principle of rectification
The purpose of the Act doesn’t implement the principle of rectification, because it doesn’t concern attempts to get land back. It concerns prohibiting certain kinds of land transfers. In order for the Act to implement the principle of rectification, it would have to give the Native Americans their stolen land back.
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