Essay

Justifying State Enforcement of Exclusion Rights

Consider two scenarios. In the first, a farmer owns an apple orchard and relies on the state to issue small fines to people who trespass and occasionally take an apple. In the second, a software developer creates a new program and relies on the state to impose severe financial penalties and potential imprisonment on those who illegally copy and distribute the software. Evaluate the role of the state in both situations. Is the difference in the severity of the state's enforcement justifiable? Explain your reasoning, focusing on the nature of the property and the potential economic impact of violating the owner's right to exclude others.

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Updated 2025-08-09

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