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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 legitimate origin of property edit charles comte in traité de la propriété 1834 attempted to justify the legitimacy of private property in response to the bourbon restoration according to david hart comte had three main points firstly that interference by the state over the centuries in property ownership has had dire consequences for justice as well as for economic productivity secondly that property is legitimate when it emerges in such a way as not to harm anyone and thirdly that historically some but by no means all property which has evolved has done so legitimately with the implication that the present distribution of property is a complex mixture of legitimately and illegitimately held titles 45 comte as proudhon later did rejected roman legal tradition with its toleration of slavery instead he posited a communal national property consisting of non scarce goods such as land in ancient hunter gatherer societies since agriculture was so much more efficient than hunting and gathering private property appropriated by someone for farming left remaining hunter gatherers with more land per person and hence did not harm them thus this type of land appropriation did not violate the lockean proviso there was still enough and as good left later theorists would use comte s analysis in response to the socialist critique of property pierre joseph proudhon property is theft edit main article property is theft in his 1840 treatise what is property pierre proudhon answers with property is theft in natural resources he sees two types of property de jure property legal title and de facto property physical possession and argues that the former is illegitimate proudhon s conclusion is that property to be just and possible must necessarily have equality for its condition his analysis of the product of labor upon natural resources as property usufruct is more nuanced he asserts that land itself cannot be property yet it should be held by individual possessors as stewards of humanity with the product of labor being the producer s property proudhon reasoned that any wealth gained without labor was stolen from those who labored to create that wealth even a voluntary contract to surrender the product of work to an employer was theft according to proudhon since the controller of natural resources had no moral right to charge others for the use of that which he did not labor to create did not own proudhon s theory of property greatly influenced the budding socialist movement inspiring anarchist theorists such as mikhail bakunin who modified proudhon s ideas as well as antagonizing theorists like karl marx frédéric bastiat property is value edit frédéric bastiat s main treatise on property can be found in chapter 8 of his book economic harmonies 1850 46 in a radical departure from traditional property theory he defines property not as a physical object but rather as a relationship between people concerning a thing thus saying one owns a glass of water is merely verbal shorthand for i may justly gift or trade this water to another person in essence what one owns is not the object but the object s value by value bastiat means market value he emphasizes this is quite different from utility in our relations with one another we are not owners of the utility of things but their value and value is the appraisal made of reciprocal services bastiat theorized that as a result of technological progress and the division of labor the stock of communal wealth increases over time that the hours of work an unskilled laborer expends to buy e g 100 liters of wheat decreases over time thus amounting to gratis satisfaction 47 thus private property continually destroys itself becoming transformed into communal wealth the increasing proportion of communal wealth to private property results in a tendency toward equality of humanity since the human race began in greatest poverty that is when there were the most obstacles to overcome all that has been achieved from one era to the next is due to the spirit of property this transformation of private property into the communal domain bastiat points out does not imply that personal property will ever totally disappear on the contrary this is because man as he progresses continually invents new and more sophisticated needs and desires andrew j galambos a precise definition of property edit andrew j galambos 1924 1997 was an astrophysicist and philosopher who innovated a social structure that sought to maximize human peace and freedom galambos concept of property was essential to his philosophy he defined property as a man s life and all non procreative derivatives of his life because the english language is deficient in omitting the feminine from man when referring to humankind it is implicit and obligatory that the feminine is included in the term man galambos taught that property is essential to a non coercive social structure he defined freedom as follows freedom is the societal condition that exists when every individual has full 100 control over his property 48 galambos defines property as having the following elements primordial property which is an individual s life primary property which includes ideas thoughts and actions secondary property includes all tangible and intangible possessions that are derivatives of the individual s primary property property includes all non procreative derivatives of an individual s life this means children are not the property of their parents 49 and primary property a person s own ideas 50 galambos repeatedly emphasized that actual government exists to protect property and that the state attacks property for example the state requires payment for its services in the form of taxes whether or not people desire such services since an individual s money is his property the confiscation of money in the form of taxes is an attack on property military conscription is likewise an attack on a person s primordial property contemporary views edit contemporary political thinkers who believe that natural persons enjoy rights to own property and enter into contracts espouse two views about john locke on the one hand some admire locke such as william h hutt 1956 who praised locke for laying down the 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