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The Agricultural Argument and Original Appropriation: Indian Lands and Political Philosophy

1989; Cambridge University Press; Volume: 22; Issue: 3 Linguagem: Inglês

10.1017/s0008423900010969

1744-9324

Thomas Flanagan,

American Constitutional Law and Politics

Abstract The European appropriation of Indian land in North America has often been justified through versions of the “agricultural argument” to the effect that the Indians did not need the land and did not really own it because they did not permanently enclose and farm it. Thus the European settlers could resort to original appropriation as described in Locke's Second Treatise . This article examines the agricultural argument as exemplified in the writings of John Winthrop, John Locke and Emer de Vattel. Analysis shows that the argument is formally consistent with the premises of natural rights philosophy because it assumes the equal right of both Indians and Europeans to engage in original appropriation. But the historical record shows that the argument actually applied to only a small portion of the land acquired by the Europeans. Sovereignty is the issue that should receive further inquiry.