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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
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