Pretend you’re a juror.
Person A steals Person B’s car, and is caught. During his trial, it is revealed that Person B bought the car with the proceeds of a theft that he himself committed. Person B’s victim has since died and left no heirs. Person A, who is on trial, argues that he did not commit theft, since Person B is not the legitimate owner of the car – in fact, there is no legitimate owner. You are on the jury. Do you think Person A is guilty of theft or not?
B. If you steal my money, you are not entitled to
anything you buy with it.
viously--someone other that Person A being owner
of the car!
hands, which would be a separate charge. (See
Ayn Rand's "The Nature of Government" in The
Virtue of Selfishness.)
This is a "two wrongs make a right" moral puzzle. The legal part is clear, and the moral part isn't that troubling either.
Yes......ownership of the car was not Person A. He was not specifically stealing from B, so B's ownership has no bearing on the criminality of the act. The car belongs to someone.....just not Mr. A!
Now, if this was a civil suit everything would be diffrent....Mr. B could not allege that he was damaged by the theft so therefore A would be found to be innocent in a civil case because B did not own the car.
I think it's still the same type of theft, but that may be because I see money as fungible. What if we change it to be one-of-a-kind heirloom? For some reason that makes Person B seem less like a "victim" of Person A and more like just another criminal.
-Person C earned money in an honest transaction.
-Person B steals Person C's money.
-Person C dies and leave no heirs.
-Person B trades the stolen money with Person D to get a car in a transaction that's honest except Person B isn't the rightful owner of the money.
-Person A steals the car from Person B.
I think morally we have to look at each theft individually. Person D shouldn't have to verify the origin of the money to sell her car. Person B's stealing money doesn't make it open-season for anyone who wants to steal things he bought with the money.
I sat for two juries in the last 10 years, and because I actually could read biomedical images (and therefore could be an independent thinking juror), I was (of course) not selected when the juries were winnowed from 14 to 6. Those unfortunate doctors could not get a jury of their peers (including other doctors).
I'll have to think about it. I think of stolen property as going back to the original owner, even if it's sold. That makes me think of the money that now in the hands of Person D who sold Person B the car having no idea the money she was receiving was stolen. My first thought is money is fungible, and how do you know Person D received those exact same dollars belonging to Person C. I have to think about further.
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