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Hawaii's beaches are all open to the public. County governments and private developers are required to provide public access and parking in areas where the shor
by peterwwillis 7y ago
Hawaii's beaches are all open to the public. County governments and private developers are required to provide public access and parking in areas where the shoreline is dominated by residential dwellings.
> Managing access to scarce resources is the primary purpose of the system of private property.
The purpose of private property is economic. Locke's theory of private property was that because a laborer improves nature through their labor, they are thus entitled to the fruits of said labor, with the intention that they will keep up the land better than common land. In other words, they worked hard to develop their garden, so they get exclusive management of it. The result of this work on the land was intended to result in improved economic output.
But the quality of the land, or the result of the labor of its management, is a separate concern from access. We're talking about wanting the public to have access, not for it to be kept better, or to be used as an economic tool. According to (at least one) theory of private property, an individual owner could still maintain it properly while allowing public access to it. And that's probably why a UK law allows the public to roam on private property (well, that and traditional rights).
- BurningFrog 7y agoThe public roam laws only tend to exist in sparsely populated jurisdictions. I think they break down if there are too many people.