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 objectGiven the right circumstances

This raises two questionsDoes 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 conciousnessNo property was held individuallyHow 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 bodyThis thing then becomes a part of meWhat is part of my body is mineThis thing is therefore my property

Incorporation might bear on property, but has little to do with property rightsWe can own property outside of our bodiesTherefore, 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 ProvisoAs 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 PropertyHegel

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