Theory of Property

…and property is what, exactly? Property is not a “thing,” nor an “object” Property is a set of rights that an individual can apply to a thing or an object Given the right circumstances This raises two questions Does this set of rights inherently reside in the individual or in government? (to be discussed with Locke’s reading) How do objects and ideas initially come into private ownership?

Keep this in mind…

“Incidents” of Property The Claim-Rights to Possess, use, manage and receive income The Power to Transfer, waive, exclude or abandon The Liberty to Consume or destroy Immunity from Expropriation without compensation The Duty to Not use harmfully The Liability for Execution to satisfy a court Judgement These “segments” make up the “parcel as a whole” for the purposes of a takings analysis.

Initial Acquisition of Property A chicken and egg question Imagine the beginning of time; imagine the beginning of human conciousness No property was held individually How was it not only acquired privately, but how was it recognized as an individual’s? It makes a difference to assume whether property not individually held was first “common” or merely not owned.

Initial Acquisition of Property Incorporation by Extension Assumes property rights in the body I bring this thing into my body This thing then becomes a part of me What is part of my body is mine This thing is therefore my property Incorporation might bear on property, but has little to do with property rights We can own property outside of our bodies Therefore, we have property rights outside of our bodies

Mark 14:22 And as they did eat, Jesus took bread, and blessed, and brake it, and gave to them, and said, Take, eat: this is my body.

Initial Acquisition of Property Projection by Embodiment Locke, Hegel Projection more intuitive than incorporation Extending the realm of the person rather than subsuming the realm into the person

Initial Acquisition of Property Locke “mixing” theory of property Mixing labor with unowned things converts that to property The Lockean Proviso As good as and enough… Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs The “zipper” critique

Initial Acquisition of Property Hegel Property is the embodiment of personality “Personality” = self-actualization (personhood) Personality The stage in which a person – by willing – sets himself of from and asserts rights against other persons The relations that people have as individuals stem from their respective rights in property Property is an essential aspect of individuality and free will

Initial Acquisition of Property Hegel “Occupancy” of external things makes them property Forming that external thing Persistent use of that things The person’s embodiment in that previously unowned object must be recognizable by others Recognized as not belonging to them Recognized as the other person’s