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Money Cms. We find the money for you this proper as competently as simple showing off to get those all. 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?
He concluded: My own can only truly be mine if there is one unambiguously strongest power in the realm, and that power treats it as mine, protecting its status as such. A contemporary of Hobbes, James Harrington, reacted to the same tumult in a different way: 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 one in which the commoners have half a nation's property, with crown and nobility holding the other half—a circumstance fraught with instability and violence. A much better situation a stable republic will exist once the commoners own most property, he suggested. In later years, the ranks of Harrington's admirers included American revolutionary and founder John Adams. Filmer said that the institution of kingship is analogous to that of fatherhood, that subjects are but 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.
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 since 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 of which are willing to create a social contract because otherwise 'the enjoyment of the property he has in this state is very unsafe, very unsecure,' 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.
Even when it keeps to proper legislative form, though, Locke held that there are limits to what a government established by such a contract might rightly do. Whereas by supposing they have given up themselves 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 Note that both 'persons and estates' are to be protected from the arbitrary power of any magistrate, inclusive of the 'power and will of a legislator.
In neither case are subjects required to allow themselves to become prey. 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 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 skepticalepistemology, Hume's views on law and property were quite conservative. He did not believe in hypothetical contracts, or in the love of mankind in general, and sought to ground politics upon actual human beings as one knows them. 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.
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. The patrimony 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 neighbour, is a plain violation of this most sacred property.
It is a manifest encroachment upon the just liberty both of the workman, and of those who might be disposed to employ him. As 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 evidently as impertinent as it is oppressive.
By the mid 19th century, the industrial revolution had transformed England and the United States, and had begun in France. The established conception of what constitutes property expanded beyond land to encompass scarce goods in general. In France, the revolution of the s had led to large-scale confiscation of land formerly owned by church and king.
The restoration of the monarchy led to claims by those dispossessed to have their former lands returned. Marx notes that under Feudal Law, peasants were legally as 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, which were then seized by the aristocracy.
This seized land was then used for commercial ventures sheep heading. Marx sees this 'Primitive Accumulation as integral to the creation of English Capitalism. This event created a large unlanded class which had to work for wages in order to survive. Marx asserts that Liberal theories of property are 'idyllic' fairy tales that hide a violent historical process. 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.
Comte, as Proudhon later did, rejected Roman legal tradition with its toleration of slavery. 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. In his treatise What is Property? 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 mankind with the product of labor being the property of the producer. 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 labor 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 and therefore 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. 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 value of the object. By 'value,' Bastiat apparently means market value ; he emphasizes that this is quite different from utility.
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. The increasing proportion of communal wealth to private property results in a tendency toward equality of mankind. This transformation of private property into the communal domain, Bastiat points out, does not imply that private property will ever totally disappear.
This is because man, as he progresses, continually invents new and more sophisticated needs and desires. Andrew J. Galambos — was an astrophysicist and philosopher who innovated a social structure that seeks to maximize human peace and freedom. Galambos taught that property is essential to a non-coercive social structure. Galambos emphasized repeatedly that true 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. Contemporary political thinkers who believe that natural persons enjoy rights to own property and to enter into contracts espouse two views about John Locke.
On the one hand, some admire Locke, such as William H. Hutt , who praised Locke for laying down the 'quintessence of individualism'. On the other hand, those such as Richard Pipes regard Locke's arguments as weak, and think that undue reliance thereon has weakened the cause of individualism in recent times. Pipes has written that Locke's work 'marked a regression because it rested on the concept of Natural Law' rather than upon Harrington's sociological framework.
Hernando de Soto has argued that an important characteristic of capitalist market economy is the functioning state protection of property rights in a formal property system which clearly records ownership and transactions.
These property rights and the whole formal system of property make possible:. Undertstanding Real Property Real property, sometimes referred to as real estate, realty or immovable property, is composed of any designated portion of land and anything permanently placed on or under it. Types of Estates Associated With Real Property Fee Simple: Fee simple ownership, also called the fee simple absolute, is the most common type of freehold ownership on a real property.
This is the highest possible type of ownership interest that can be owned by a real property holder. Those who own properties under this type of ownership have the right to sell the house, leave it to their beneficiaries or make changes, even if they still owe money on their mortgage. These rights are bounded by government powers of compulsory purchase, taxation, escheat and police power.
Life Estate: Life estate ownership implies the owner may only own and use the involved properties during his lifetime. The owner may not give away, sell or leave the property to someone else. Rights of owners of future interest do not include the ownership, use and enjoyment of the involved properties in the present. Current possessors of properties may create a term of a deed or an irrevocable trust that allows the future interest owner to inherit the involved properties when the current owner passes away.
Contingent Interest: In contingent interest, the involved properties are not passed to designated inheritors unless one or more conditions of the current owner are fulfilled.
If these conditions are not met, the properties are passed to someone else. Lien holders have an ownership interest in the involved real properties. Real Property Law Every U. Real Property vs. Personal Property Modern law makes a clear distinction between real property land and anything affixed to it and personal property clothing, furniture, money, etc.
Claims to Real Property To be legitimate, a claim to any real property must be accompanied by a verifiable and legal property description. Property law Part of the common law series Types Acquisition Conquest Estates in land Life estate Future interest Conveyancing Strata title Mortgage Future use control Nonpossessory interest Related topics Property rights Water rights Other common law areas Wills, trusts and estates Higher category: Law and Common law Property , in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.
However, Smith also expressed a very critical view on the effects of property laws on inequality: 'Wherever there is great property, there is great inequality … Civil government, so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all. Classical liberalism subscribes to the labor theory of property.
They hold that individuals each own their own life, it follows that one must own the products of that life, and that those products can be traded in free exchange with others. This nobody has a right to, but himself.
On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place. That the more widespread the possession of private property, the more stable and productive is a state or nation. Economic leveling of property, conservatives maintain, especially of the forced kind, is not economic progress. Upon the foundation of private property, great civilizations are built The conservative acknowledges that the possession of property fixes certain duties upon the possessor; he accepts those moral and legal obligations cheerfully.
Libertarian socialism generally accepts property rights, but with a short abandonment period. In other words, a person must make more-or-less continuous use of the item or else lose ownership rights.
This is usually referred to as 'possession property' or 'usufruct'. Thus, in this usufruct system, absentee ownership is illegitimate and workers own the machines or other equipment that they work with.
Communism argues that only collective ownership of the means of production through a polity though not necessarily a state will assure the minimization of unequal or unjust outcomes and the maximization of benefits, and that therefore humans should abolish private ownership of capital as opposed to property. Types of property [ edit ] Most legal systems distinguish between different types of property, especially between land immovable property, estate in land, real estate, real property and all other forms of property—goods and chattels, movable property or personal property, including the value of legal tender if not the legal tender itself, as the manufacturer rather than the possessor might be the owner.
Related concepts [ edit ] Of the following, only sale and at-will sharing involve no encumbrance. General meaning or description Actor Complementary notion Complementary actor Sale Giving of property or ownership, but in exchange for money units of some form of currency.
Seller Buying Buyer Sharing Sharing Allowing use of property, whether exclusive or as a joint operation. Host Accommodation Guest Tenancy Tenant Rent Allowing limited and temporary but potentially renewable, exclusive use of property, but in exchange for compensation. Renter Lease Leasee Licensure Licensor Incorporeal division Incorporeal division Better known as nonpossessory interest or variation of the same notion, of which an instance may be given to another party, which is itself an incorporeal form of property.
The particular interest may easily be destroyed once it and the property are owned by the same party. The share may easily be destroyed once it and the property are owned by the same party. Easement Aspect of property whereby right of particular use of it may be given to another party, which is itself an incorporeal form of property. The easement or use-right may easily be destroyed once it and the property are owned by the same party. Lien Lien Condition whereby unencumbered ownership of property is contingent upon completion of obligation; the property being collateral and associated with security interest in such an arrangement.
Lienor Lieneeship Lienee Mortgage Condition whereby while possession of property is achieved or retained, possession of it is contingent upon performance of obligation to somebody indebted to, and unencumbered ownership of it is contingent upon completion of obligation. The performance of obligation usually implies division of the principal into installments. Mortgagor Mortgage-brokering Mortgage-broker Pawn Condition whereby while encumbered ownership of property is achieved or retained, encumbered ownership of it is contingent upon performance of obligation to somebody indebted to, and possession and unencumbered ownership of it is contingent upon completion of obligation.
Pledge Pawnbrokering Pawnbroker Collision Conflict Inability for property to be properly used or occupied due to scarcity or contradiction, the effective impossibility of sharing; possibly leading to eviction or the contrary, if resolution is achieved rather than a stagnant condition; not necessarily involving or implying conscious dispute.
Alternately, in finance, the word as a countable noun refers to proof of ownership of investment instruments, or as an uncountable noun to collateral. In general, there may be an involvement of obscurities, camouflage, barriers, armor, locks, alarms, booby traps, homing beacons, automated recorders, decoys, weaponry or sentinels. With land; moats, trenches or entire buildings may be involved.
With buildings or certain forms of transport, turrets may be involved. With information; encryption, steganography or self-destruct capability may be involved. With communications reliability, channel-hopping may be involved, as immunity or attempt thereat from jamming. With devices of proprietary design, the respective compositions of them may be more mangled, more convoluted and more complex than functionality warrants, hence confusing or obscure for protective purposes though possibly to conceal unapproved copying instead.
With contractual rights; retentions of collateral and risks of jeopardy of collateral may be involved. Securer Protecteeship Protectee Warden Ward Violation [ edit ] General meaning or description, the act occurring in a way not beholden to the wishes of the owner Committer Trespassing Use of physical and usually but not necessarily only immovable property or occupation of it.
Trespasser Vandalism Alteration, damage or destruction of physical property or to the appearance of it. Vandal Infringement Incorporeal analogy to trespassing. Alteration or duplication of an instance of intellectual property, and publication of the respectively alternate or duplicate; the instance being the information in a medium or a device for which a design plan predates and is the basis of fabrication.
Infringer Violation Violator Theft Taking of property in a way that excludes the owner from it, or active alteration of the ownership of property. Thief Piracy The cognisant or incognisant reproduction and distribution of intellectual property as well as the possession of intellectual property that saw publication of its duplicates in the aforementioned process. Infringement with the effect of lost profits for the owner or infringement involving profit or personal gain.
Plagiarism Publication of a work, whether it is intellectual property perhaps copyrighted or not, whether it is in public domain or not, without credit being afforded to the creator, as though the work is original in publication. Plagiarist Miscellaneous action [ edit ] General meaning or description Committer Squatting Occupation of property that either is unused and unkept or was abandoned, whether the property still has an owner or not. If the property is owned and not abandoned, then the squatting is trespassing, if any usage not beholden to the wishes of the owner is done in the process.
Squatter Reverse engineering Discovery of how a device works, whether it is an instance of intellectual property perhaps patented or not, whether it is in public domain or not, and of how to alter or duplicate it, without access to or knowledge of the corresponding design plan. Reverse engineer Ghostwriting Creation of a textual work, whereby in publication, another party is explicitly allowed to be credited as creator. Ghostwriter Issues in property theory [ edit ] What can be property?
Who can be an owner? For example, the Cherokee Constitution frames the issue in these terms: Sec. In a well-known paper that contributed to the creation of the field of law and economics in the late s, 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.
Allowing limited and temporary but potentially renewable, exclusive use of property, but in exchange for compensation. Better known as nonpossessory interest or variation of the same notion, of which an instance may be given to another party, which is itself an incorporeal form of property. Aspect of property whereby ownership or equity of a particular portion of all property stock ever to be produced from it may be given to another party, which is itself an incorporeal form of property.
Aspect of property whereby right of particular use of it may be given to another party, which is itself an incorporeal form of property. Condition whereby unencumbered ownership of property is contingent upon completion of obligation; the property being collateral and associated with security interest in such an arrangement.
Condition whereby while possession of property is achieved or retained, possession of it is contingent upon performance of obligation to somebody indebted to, and unencumbered ownership of it is contingent upon completion of obligation. Condition whereby while encumbered ownership of property is achieved or retained, encumbered ownership of it is contingent upon performance of obligation to somebody indebted to, and possession and unencumbered ownership of it is contingent upon completion of obligation.
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