Who Should Be Empowered to Say “No”?

Sam tells us:

In private hands, “no” is a tender little syllable. It lends dignity to lives both modest and great. It is a tiny utterance that invokes Bartleby: “I would prefer not to.” In public hands contrarily, it is hewn in rock, forged in iron, printed in all caps. It channels Ahab: “you may not.”

This is all good and classically libertarian, but then Matt Bruenig chimes in and says “ah-ah-ah, a private ‘no’ is far from tender. Think of the starving man who goes to grab a piece of food from the grocery store to eat, and the store owner tells him ‘no’, consigning him to death or at least to suffering.” The only tender world, Bruenig suggests somewhat tongue-in-cheek, is a completely no-less one; the grab-what-you-can world.

The libertarian and economist has a quick response—the grab-what-you-can-world is a world of mass starvation, where everything is in the commons and therefore everything is overharvested until there is nothing left. But this invites Bruenig to reply: your basis for a private “no” is thus consequentialist, and following the consequentialist thread is unlikely to lead you to the property rights regime you probably want. I know many who would disagree with this outright—Pete Boettke for one. But Bruenig would certainly deny that property “lends dignity to lives both modest and great”.

I’m sure you all have an idea of how I feel about this but I want to put the question to you: how do you respond to Bruenig’s challenge? Is a “no” from a private property owner truly different in kind than a “no” from a government official? Why?