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nced the theory that god granted dominion over nature to man through adam in the book of genesis therefore he theorized that when one mixes one s labor with nature one gains a relationship with that part of nature with which the labor is mixed subject to the limitation that there should be enough and as good left in common for others see lockean proviso 25 in his encyclical letter rerum novarum 1891 pope leo xiii wrote it is surely undeniable that when a man engages in remunerative labor the impelling reason and motive of his work is to obtain property and after that to hold it as his very own 26 anthropology studies the diverse ownership systems rights of use and transfer and possession 27 under the term theories of property as mentioned western legal theory is based on the owner of property being a legal person however not all property systems are founded on this basis in every culture studied ownership and possession are the subjects of custom and regulation and law is where the term can meaningfully be applied many tribal cultures balance individual rights with the laws of collective groups tribes families associations and nations for example the 1839 cherokee constitution frames the issue in these terms sec 2 the lands of the cherokee nation shall remain common property still the improvements made thereon and in possession of the citizens respectively who made or may rightfully own them provided that the citizens of the nation possessing the exclusive and indefeasible right to their improvements as expressed in this article shall possess no right or power to dispose of their improvements in any manner whatever to the united states individual states or individual citizens thereof and that whenever any citizen shall remove with his effects out of the limits of this nation and become a citizen of any other government all his rights and privileges as a citizen of this nation shall cease provided nevertheless that the national council shall have power to re admit by law to all the rights of citizenship any such person or persons who may at any time desire to return to the nation on memorializing the national council for such readmission communal property systems describe ownership as belonging to the entire social and political unit common ownership in a hypothetical communist society is distinguished from primitive forms of common property that have existed throughout history such as communalism and primitive communism in that communist common ownership is the outcome of social and technological developments leading to the elimination of material scarcity in society 28 corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual the roman property law was based on such a corporate system in a well known paper that contributed to the creation of the field of law and economics in the late 1960s the american scholar harold demsetz described how the concept of property rights makes social interactions easier in the world of robinson crusoe property rights play no role property rights are an instrument of society and derive their significance from the fact that they help a man form those expectations which he can reasonably hold in his dealings with others these expectations find expression in society s laws customs and more an owner of property rights possesses the consent of fellowmen to allow him to act in particular ways an owner expects the community to prevent others from interfering with his actions provided that these actions are not prohibited in the specifications of his rights harold demsetz 1967 toward a theory of property rights the american economic review 57 2 p 347 29 different societies may have other theories of property for differing types of ownership for example pauline peters argued that property systems are not isolable from the social fabric and notions of property may not be stated as such but instead may be framed in negative terms for example the taboo system among polynesian peoples property in philosophy edit in medieval and renaissance europe the term property essentially referred to land after much rethinking land has come to be regarded as only a special case of the property genus this rethinking was inspired by at least three broad features of early modern europe the surge of commerce the breakdown of efforts to prohibit interest then called usury and the development of centralized national monarchies ancient philosophy edit urukagina the king of the sumerian city state lagash established the first laws that forbade compelling the sale of property 30 the bible in leviticus 19 11 and 19 13 states that the israelites are not to steal 31 aristotle in politics advocates private property 32 he argues that self interest leads to neglect of the commons t hat which is common to the greatest number has the least care bestowed upon it everyone thinks chiefly of his own hardly at all of the common interest and only when he is himself concerned as an individual 33 in addition he says that when property is common there are natural problems that arise due to differences in labor if they do not share equally enjoyments and toils those who labor much and get little will necessarily complain of those who labor little and receive or consume much but indeed there is always a difficulty in men living together and having all human relations in common but especially in their having common property politics 1261b34 cicero held that there is no private property under natural law but only under human law 34 seneca viewed property as only becoming necessary when men become avaricious 35 st ambrose later adopted this view and st augustine even derided heretics for complaining the emperor could not confiscate property they had labored for 36 medieval philosophy edit thomas aquinas 13th century edit the canon law decretum gratiani maintained that mere human law creates property repeating the phrases used by st augustine 37 st thomas aquinas agreed with regard to the private consumption of property but modified patristic theory in finding that the private possession of property is necessary 38 thomas aquinas concludes that given certain detailed provisions 39 it is natural for man to possess external things it is lawful for a man to possess a thing as his own the essence of theft consists in taking another s thing secretly theft and robbery are sins of different species and robbery is a more grievous sin than theft theft is a sin it is also a mortal sin it is however lawful to steal through stress of need in cases of need all things are common property modern philosophy edit thomas hobbes 17th century edit the principal writings of thomas hobbes appeared between 1640 and 1651 during and immediately following the war between forces loyal to king charles i and those loyal to parliament in his own words hobbes reflection began with the idea of giving to every man his own a phrase he drew from the writings of cicero but he wondered how can anybody call anything his own james harrington 17th century edit a contemporary of hobbes james harrington reacted to the same tumult differently he considered property natural but not inevitable the author of oceana he may have been the first political theorist to postulate that political power is a consequence not the cause of the distribution of property he said that the worst possible situation is when the commoners have half a nation s property with the crown and nobility holding the other half a circumstance fraught with instability and violence he suggested a much better situation a stable republic would exist once the commoners own most property in later years the ranks of harrington s admirers included american revolutionary and founder john adams robert filmer 17th century edit another member of the hobbes harrington generation sir robert filmer reached conclusions much like hobbes but through biblical exegesis filmer said that the institution of kingship is analogous to that of fatherhood that subjects are still children whether obedient or unruly and that property rights are akin to the household goods that a father may dole out among his children his to take back and dispose of according to his pleasure john locke 17th century edit in the following generation john locke sought to answer filmer creating a rationale for a balanced constitution in which the monarch had a part to play but not an overwhelming part since filmer s views essentially require that the stuart family be uniquely descended from the patriarchs of the bible and even in the late 17th century that was a difficult view to uphold locke attacked filmer s views in his first treatise on government freeing him to set out his own views in the second treatise on civil government therein locke imagined a pre social world each of the unhappy residents which are willing to create a social contract because otherwise the enjoyment of the property he has in this state is very unsafe very insecure and therefore the great and chief end therefore of men s uniting into commonwealths and putting themselves under government is the preservation of their property 40 they would he allowed create a monarchy but its task would be to execute the will of an elected legislature to this end to achieve the previously specified goal he wrote it is that men give up all their natural power to the society they enter into and the community put the legislative power into such hands as they think fit with this trust that they shall be governed by declared laws or else their peace quiet and property will still be at the same uncertainty as it was in the state of nature 41 even when it keeps to proper legislative form locke held that there are limits to what a government established by such a contract might rightly do it cannot be supposed that the hypothetical contractors they should intend had they a power so to do to give anyone or more an absolute arbitrary power over their persons and estates and put a force into the magistrate s hand to execute his unlimited will arbitrarily upon them this were to put themselves into a worse condition than the state of nature wherein they had a liberty to defend their right against the injuries of others and were upon equal terms of force to maintain it whether invaded by a single man or many in combination whereas by supposing they have given themselves up to the absolute arbitrary power and will of a legislator they have disarmed themselves and armed him to make a prey of them when he pleases 42 both persons and estates are to be protected from the arbitrary power of any magistrate including legislative power and will in lockean terms depredations against an estate are just as plausible a justification for resistance and revolution as are those against persons in neither case are subjects required to allow themselves to become prey to explain the ownership of property locke advanced a labor theory of property david hume 18th century edit in contrast to the figures discussed in this section thus far david hume lived a relatively quiet life that had settled down to a relatively stable social and political structure he lived the life of a solitary writer until 1763 when at 52 years of age he went off to paris to work at the british embassy in contrast one might think to his polemical works on religion and his empiricism driven skeptical epistemology hume s views on law and property were quite conservative he did not believe in hypothetical contracts or the love of humanity in general and sought to ground politics upon actual human beings as one knows them in general he wrote it may be affirmed that there is no such passion in the human mind as the love of mankind merely as such independent of personal qualities or services or of relation to ourselves existing customs should not lightly be disregarded because they have come to be what they are due to human nature with this endorsement of custom comes an endorsement of existing governments because he conceived of the two as complementary a regard for liberty though a laudable passion ought commonly to be subordinate to a reverence for established government therefore hume s view was that there are property rights because of and to the extent that the existing law supported by social customs secure them 43 he offered some practical home spun advice on the general subject though as when he referred to avarice as the spur of industry and expressed concern about excessive levels of taxation which destroy industry by engendering despair adam smith edit civil government so far as it is instituted for the security of property is in reality instituted for the defense of the rich against the poor or of those who have property against those who have none at all adam smith the wealth of nations 1776 44 the property that every man has in his labour is the original foundation of all other property so it is the most sacred and inviolable the inheritance of a poor man lies in the strength and dexterity of his hands and to hinder him from employing this strength and dexterity in what manner he thinks proper without injury to his neighbor is a plain violation of this most sacred property it is a manifest encroachment upon the just liberty of the workman and those who might be disposed to employ him it hinders the one from working at what he thinks proper so it hinders the others from employing whom they think proper to judge whether he is fit to be employed may surely be trusted to the discretion of the employers whose interest it so much concerns the affected anxiety of the law giver lest they should employ an improper person is as impertinent as it is oppressive source adam smith the wealth of nations 1776 book i chapter x part ii by the mid 19th century the industrial revolution had transformed england and the united states and had begun in france as a result the conventional conception of what constitutes property expanded beyond land to encompass scarce goods in france the revolution of the 1790s had led to large scale confiscation of land formerly owned by the church and king the restoration of the monarchy led to claims by those dispossessed to have their former lands returned karl marx edit section viii primitive accumulation of capital involves a critique of liberal theories of property rights marx notes that under feudal law peasants were legally entitled to their land as the aristocracy was to its manors marx cites several historical events in which large numbers of the peasantry were removed from their lands then seized by the nobility this seized land was then used for commercial ventures sheep herding marx sees this primitive accumulation as integral to the creation of english capitalism this event created a sizeable un landed class that had to work for wages to survive marx asserts that liberal theories of property are idyllic fairy tales that hide a violent historical process charles comte le...
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