The Concept of Property Common property: use-value inclusive (everybody has some access) favors least fortunate groups Pre-Roman Empire and Middle Ages in Europe property was about the materials which could be harvested from the land and the personal relations among those with interests in the products of the land rather than about the ground as such. This is the meaning of "right of common" -- the right to remove something of material value from the land.

The Concept of Property Private property: market-value exclusive (only owners control) favors landlords Roman law recognized private ownership of land (at least for the elite) and its absolute powers over the land and all things of value attached to it. As Roman law spread across Europe, the doctrine of "private" property came in conflict with the older, local notion of "common" property.

The Concept of Property Summary of Common and Private Property Common property Private property use-value market-value inclusive (everybody has some access) exclusive (only owners control) favors least fortunate groups favors landlords

United States property and civil rights The Concept of Property United States property and civil rights "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." --Declaration of Independence as originally written by Thomas Jefferson, 1776. 1) What are inalienable rights? -- free speech or food? "natural property rights" are based on use-value: all humans have need for the use of nature (food, fuel, shelter) for their very existence and survival. 2) What are exclusive rights? -- food or property? “artificial property rights" restrict "natural property rights" because they are based on market-values and so are restricted for the benefit of "owners" only. The Bill of Rights of the U.S. Constitution has been interpreted by the public and the courts to refer to non-material rights. Common property: use-value inclusive (everybody as some access) favors least fortunate groups Pre-Roman Empire and Middle Ages in Europe property was about the materials which could be harvested from the land and the personal relations among those with interests in the products of the land rather than about the ground as such. This is the meaning of "right of common" -- the right to remove something of material value from the land.

The Concept of Property Property rights in the 17th Century: In the 17th century, John Locke included "one's own person, one's capacities, one's rights and liberties" under property rights. These non-material aspects were actively reduced to material property by the State as a capitalistic economy developed. This material sense of property was beneficial to owners of capital, which was mainly in the form of land; but it excluded people without capital. Up the 17th century, common and private concepts of property had co-existed: 1) the inclusive "commons" or common areas could be used by every member of a community for their survival needs. 2) the exclusive private property could be used to prevent others for the material resources and even access to land

The Concept of Property Private property is fundamentally socially defined and socially enforced through laws, ordinances, police, courts, infrastructure (public roads, water, sewer), and services (public police, firefighters, health workers). President Barack Obama said: “If you were successful, somebody along the line gave you some help. There was a great teacher somewhere in your life. Somebody helped to create this unbelievable American system that we have that allowed you to thrive. Somebody invested in roads and bridges. If you’ve got a business, you didn’t build that [refers to red bolded words]. Somebody else made that [refers to red bolded words] happen.” Obama is no radical but he still realizes that individuals alone never produce things nor create wealth alone. Communities and societal institutions are always critical in what humans are able to do or not do, with or without property.

The Concept of Property In the US civil and property "rights" are legally organized into a hierarchy, as shown in the diagram. Although the US constitution guarantees civil rights in the Bills of Rights (Amendments 1-10), the constitution does not guarantee property rights per se. In the 5th amendment of the US constitution, private property is mentioned when it says "nor shall private property be taken for public use without just compensation." This power is called eminent domain, or by its critics, “takings.” Read about current Supreme court (state and federal) interpretations of eminent domain; and an update. Read "Private Property in America: An Ever Evolving Idea" by Harvey M. Jacobs.

conservatives (liberty) The Concept of Property Private property Rights individual now Responsibility community long-term Tension and conflicts exists between rights and responsibility in society in general and certainly over private property. self groups everybody rights conservatives (liberty) liberals radicals responsibility conservatives

conservatives (liberty) The Concept of Property self groups all rights conservatives (liberty) liberals radicals responsibility conservatives Think of property as "communities of place" versus "communities of interest.“ For conservatives, individual behavior equals public welfare. Rights express responsibilities in "communities of interest" -- Property rights over the civil rights of other people. For liberals, individual rights must be regulated to assure the public interest, because individuals do not always do the best thing for others. Another example of "communities of interest." Civil rights for all people with limited material rights as well support for property rights. For radicals, private property is the fundamental problem in resource access and resource management. Rights and responsibilities are matched in "communities of place" -- Material rights as well as civil rights for all people over property rights. The human ecology conception of rights is that all rights are collective and multi-generational and rights are linked to responsibilities.