The Justification of Private Property: Property Law
The Justification of Private Property
Property Law
JURI 25066EL
Ryan Waschulzik
0271075
March 4th 2015 Words: 1772 Pages: 8
The notion of property is one that has long preceded us, or anyone we know. We know that the earliest social theory of property originated in the works of Saint Thomas Aquinas who had said that humans have a natural right to the use of or ownership of an unspecified amount of property. He also said that the amount of property to which you are entitled, is based on your need and no one was entitled to more than they needed to survive. The communal aspect of early property began as the bible implied in its teachings that earth and everything on it was available as property to be taken by everyone. Therefore, everyone can take from nature and convert to her own use anything she needs in relation to what uniquely you need, as a person to survive. Private property was therefore thought of, as the outcome of personality and it did not exist until someone made it their own. In this essay I will discuss the notion of private property first by examining it in terms of the justifications of private property and the rules that govern private property and subsequently the origins of private property. I will then discuss the notion of the justification of private property as depicted by “The Father of Classical Liberalism”, John Locke. Lastly, I will then parallel Locke’s illustration of private property with that of the Genevan philosopher, John Jacques Rousseau.
To begin, private property can be classified in one of four existing property right regimes. Private property is defined as being owned and controlled by private individuals or companies. Private property can even exist in the control of corporations. The right to private property is grounded on three things; the want of a human being, the ability to separate yourself from others and lastly the ability to exclude others from what is yours. Keeping this in mind, these three
Property Law
JURI 25066EL
Ryan Waschulzik
0271075
March 4th 2015 Words: 1772 Pages: 8
The notion of property is one that has long preceded us, or anyone we know. We know that the earliest social theory of property originated in the works of Saint Thomas Aquinas who had said that humans have a natural right to the use of or ownership of an unspecified amount of property. He also said that the amount of property to which you are entitled, is based on your need and no one was entitled to more than they needed to survive. The communal aspect of early property began as the bible implied in its teachings that earth and everything on it was available as property to be taken by everyone. Therefore, everyone can take from nature and convert to her own use anything she needs in relation to what uniquely you need, as a person to survive. Private property was therefore thought of, as the outcome of personality and it did not exist until someone made it their own. In this essay I will discuss the notion of private property first by examining it in terms of the justifications of private property and the rules that govern private property and subsequently the origins of private property. I will then discuss the notion of the justification of private property as depicted by “The Father of Classical Liberalism”, John Locke. Lastly, I will then parallel Locke’s illustration of private property with that of the Genevan philosopher, John Jacques Rousseau.
To begin, private property can be classified in one of four existing property right regimes. Private property is defined as being owned and controlled by private individuals or companies. Private property can even exist in the control of corporations. The right to private property is grounded on three things; the want of a human being, the ability to separate yourself from others and lastly the ability to exclude others from what is yours. Keeping this in mind, these three
Cited: Delaney, Tim. The march of unreason: science, democracy, and the new fundamentalism Oxford University Press, New York, 2005. p. 18 " Jean-Jacques Rousseau (1712—1778)," by James D. Delaney, The Internet Encyclopedia of Philosophy, ISSN 2161-0002, http://www.iep.utm.edu/, February 17th 2015. Sheldon, W. L. "What Justifies Private Property?" International Journal of Ethics 4.1 (1893): 17-40. Web. 26 Feb. 2015.