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Property is a system of
rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine,
rent Rent may refer to: Economics *Renting Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property Property is a system of rights that gives people legal contro ...
,
mortgage A mortgage loan or simply mortgage (), in civil law (legal system), civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners ...
,
pawn Pawn most often refers to: * Pawn (chess), the weakest and most numerous piece in the game * Pawnbroker or pawnshop, a business that provides loans by taking personal property as collateral Pawn may also refer to: Places * Pawn, Oregon, an his ...
, sell,
exchange Exchange may refer to: Physics *Gas exchange Gas exchange is the physical process by which gases move passively by Diffusion#Diffusion vs. bulk flow, diffusion across a surface. For example, this surface might be the air/water interface of a wa ...
, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted
property rights The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typical ...
. In
economics Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behaviour and intera ...
and
political economy Political economy is the study of how Macroeconomics, economic systems (e.g. Marketplace, markets and Economy, national economies) and Politics, political systems (e.g. law, Institution, institutions, government) are linked. Widely studied ph ...
, there are three broad forms of property:
private property Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective ...
,
public property Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a Sovereign state, st ...
, and
collective property Collective ownership is the ownership of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of prope ...
(also called
cooperative A cooperative (also known as co-operative, co-op, or coop) is "an autonomy, autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratical ...
property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with regard to the property be clearly defined and unconditional, to distinguish ownership and easement from rent. The parties might expect their wills to be unanimous, or alternately every given one of them, when no opportunity for or possibility of a dispute with any other of them exists, may expect his, her, it's or their own will to be sufficient and absolute. The first Restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the State enforces a possessory interest or legal title in that thing. This mediating relationship between individual, property, and State is called a property regime. In
sociology Sociology is a social science that focuses on society, human social behavior, patterns of Interpersonal ties, social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of Empirical ...
and
anthropology Anthropology is the scientific study of humanity, concerned with human behavior, human biology, cultures, societies, and linguistics Linguistics is the scientific study of human language. It is called a scientific study because i ...
, property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. The distinction between "collective property" and "private property" is regarded as confusion since different individuals often hold differing rights over a single object. Types of property include
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called Land improvement, improvements or Fixture (property ...
(the combination of land and any improvements to or on the ground),
personal property Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables— ...
(physical possessions belonging to a person), private property (property owned by legal persons, business entities or individual natural persons), public property (State-owned or publicly owned and available possessions) and
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
(exclusive rights over artistic creations, inventions, etc.). However, the last is not always as widely recognized or enforced. An article of property may have physical and incorporeal parts. A
title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
, or a
right Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
of
ownership Ownership is the state or fact of legal possession and control over property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of th ...
, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. The unqualified term "property" is often used to refer specifically to real property.


Overview

Property is often defined by the code of the local
sovereignty Sovereignty is the defining authority within individual consciousness, Social constructionism, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty i ...
and protected wholly or more usually partially by such entity, the owner being responsible for any remainder of protection. The standards of the proof concerning proofs of ownerships are also addressed by the code of the local sovereignty, and such entity plays a role accordingly, typically somewhat managerial. Some philosophers assert that property
rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convent ...
arise from
social convention A convention is a set of agreed, stipulated, or generally accepted standards, norms, social norms, or criteria, often taking the form of a custom. In a social context, a convention may retain the character of an "unwritten law" of custom (for ex ...
, while others find justifications for them in
morality Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of co ...
or in
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be Deductive reasoning, deduced and applied independently of positive law ( ...
. Various scholarly disciplines (such as
law Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
,
economics Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behaviour and intera ...
,
anthropology Anthropology is the scientific study of humanity, concerned with human behavior, human biology, cultures, societies, and linguistics Linguistics is the scientific study of human language. It is called a scientific study because i ...
or
sociology Sociology is a social science that focuses on society, human social behavior, patterns of Interpersonal ties, social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of Empirical ...
) may treat the concept more systematically, but definitions vary, most particularly when involving
contract A contract is a legally enforceable agreement between two or more Party (law), parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, Service (economics), ser ...
s.
Positive law Positive laws ( la, links=no, ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit ...
defines such rights, and the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
can adjudicate and enforce property rights. According to
Adam Smith Adam Smith (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"——— ...
, the expectation of profit from "improving one's stock of capital" rests on private property rights.
Capitalism Capitalism is an economic system based on the private ownership of the means of production and their operation for profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, pr ...
has as a central assumption that property rights encourage their holders to develop the property, generate
wealth Wealth is the abundance of Value (economics), valuable financial assets or property, physical possessions which can be converted into a form that can be used for financial transaction, transactions. This includes the core meaning as held in the ...
, and efficiently allocate
resources Resource refers to all the materials available in our environment which are Technology, technologically accessible, Economics, economically feasible and Culture, culturally Sustainability, sustainable and help us to satisfy our needs and wants. R ...
based on the operation of markets. From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality: :: "Wherever there is a 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 defense of the rich against the poor, or of those who have some property against those who have none at all." (
Adam Smith Adam Smith (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"——— ...
, ''
Wealth of Nations ''An Inquiry into the Nature and Causes of the Wealth of Nations'', generally referred to by its shortened title ''The Wealth of Nations'', is the '' magnum opus'' of the Scottish economist An economist is a professional and practitioner ...
'') In his text "The Common Law," Oliver Wendell Holmes describes property as having two fundamental aspects. The first, possession, can be defined as control over a resource based on the practical inability to contradict the ends of the possessor. The second title is the expectation that others will recognize rights to control resources, even when not in possession. He elaborates on the differences between these two concepts and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church. *
Classical liberalism Classical liberalism is a political tradition and a branch of liberalism Liberalism is a Political philosophy, political and moral philosophy based on the Individual rights, rights of the individual, liberty, consent of the governe ...
subscribes to the
labor theory of property The labor theory of property (also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, or principle of first appropriation) is a theory of natural law that holds that property originally comes about b ...
. They hold that individuals each own their own life; it follows that one must acknowledge the products of that life and that those products can be traded in free exchange with others. :: "Every man has a property in his person. This nobody has a right to, but himself." (
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
, " Second Treatise on Civil Government") :: "The reason why men enter into society is the preservation of their property." (
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
, "Second Treatise on Civil Government") :: "Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." ( Frédéric Bastiat, '' The Law'') *
Conservatism Conservatism is a Philosophy of culture, cultural, Social philosophy, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in r ...
subscribes to the concept that freedom and property are closely linked. The more widespread the possession of the private property, the more stable and productive a state or nation is. Conservatives maintain the economic leveling of property, especially of the forced kind, is not economic progress. :: "Separate property from private possession and Leviathan becomes master of all... 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." (
Russell Kirk Russell Amos Kirk (October 19, 1918 – April 29, 1994) was an American political theorist, moralist, historian A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned ...
, ''The Politics of Prudence'') *
Socialism Socialism is a left-wing Economic ideology, economic philosophy and Political movement, movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to Private prop ...
's fundamental principles center on a critique of this concept, stating (among other things) that the cost of defending property exceeds the returns from private property ownership and that, even when property rights encourage their holders to develop their property or generate wealth, they do so only for their benefit, which may not coincide with advantage to other people or society at large. *
Libertarian Socialism Libertarian socialism, also known by #Name, various other names, is a Left-wing politics, left-wing,Diemer, Ulli (1997)"What Is Libertarian Socialism?" The Anarchist Library. Retrieved 4 August 2019. anti-authoritarian, anti-statist and liberta ...
generally accepts property rights 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 Usufruct () is a limited ius in re, real right (or ''in rem'' right) found in Civil law (legal system), civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use ...
." Thus, in this usufruct system, absentee ownership is illegitimate, and workers own the machines or other equipment they work with. *
Communism Communism (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around ...
argues that only
common ownership Common ownership refers to holding the assets of an organization, Business, enterprise or community indivisibly rather than in the names of the individual members or groups of members as common property. Forms of common ownership exist in eve ...
of the
means of production The means of production is a term which describes land, Work (human activity), labor and capital (economics), capital that can be used to produce products (such as goods or Service (economics), services); however, the term can also refer to anyth ...
will assure the minimization of unequal or unjust outcomes and the maximization of benefits and that; therefore humans should abolish private ownership of
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capitals, List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the dura ...
(as opposed to property). Both communism and some forms of socialism have also upheld the notion that private ownership of capital is inherently illegitimate. This argument centers on the idea that private ownership of capital always benefits one class over another, giving rise to domination through this privately owned capital. Communists do not oppose personal property that is "hard-won, self-acquired, self-earned" (as "
The Communist Manifesto ''The Communist Manifesto'', originally the ''Manifesto of the Communist Party'' (german: Manifest der Kommunistischen Partei), is a political pamphlet written by German philosophers Karl Marx and Friedrich Engels. Commissioned by the Commu ...
" puts it) by members of the
proletariat The proletariat (; ) is the social class A social class is a grouping of people into a set of hierarchical social categories, the most common being the upper, middle and lower classes. Membership in a social class can for example be d ...
. Both socialism and communism distinguish carefully between private ownership of capital (land, factories, resources, etc.) and private property (homes, material objects, and so forth).


Types of property

Most
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law (legal system), civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped ...
s distinguish between different types of property, especially between land ( immovable property,
estate in land An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use ...
,
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
,
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called Land improvement, improvements or Fixture (property ...
) and all other forms of property—
goods In economics, goods are items that satisfy human wants and provide utility, for example, to a consumer making a purchase of a satisfying Product (business), product. A common distinction is made between goods which are transferable, and Service ...
and chattels,
movable property Personal property is property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the ...
or
personal property Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables— ...
, including the value of legal tender if not the legal tender itself, as the
manufacturer Manufacturing is the creation or Production (economics), production of goods with the help of equipment, Work (human activity), labor, machines, tools, and chemical or biological processing or formulation. It is the essence of secondary secto ...
rather than the possessor might be the owner. They often distinguish
tangible Tangibility is the property of being able to be perceived by touch. A commonplace understanding of "tangibility" renders it as an attribute allowing something to be perceptible to the sense A sense is a biological system used by an organi ...
and
intangible property Intangible property, also known as incorporeal property, is something that a Natural person, person or corporation can have Ownership, ownership of and can transfer ownership to another person or corporation, but has no Tangibility, physical subs ...
. One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things). In
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
,
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called Land improvement, improvements or Fixture (property ...
( immovable property) is the combination of interests in land and improvements thereto, and
personal property Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables— ...
is interest in movable property. Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the Lessor (leasing), ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are l ...
s,
license A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
s, and
easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
s. Throughout the last centuries of the
second millennium File:2nd millennium montage.png, From top left, clockwise: in 1492, Christopher Columbus reaches North America, opening the European colonization of the Americas; the American Revolution, one of the late 1700s Age of Enlightenment, Enlightenment-i ...
, with the development of more complex theories of property, the concept of personal property had become divided into tangible property (such as
cars A car or automobile is a motor vehicle with wheels. Most definitions of ''cars'' say that they run primarily on roads, seat one to eight people, have four wheels, and mainly transport people A person (plural, : people) is a being tha ...
and
clothing Clothing (also known as clothes, apparel, and attire) are items worn on the human body, body. Typically, clothing is made of fabrics or textiles, but over time it has included garments made from animal skin and other thin sheets of materials ...
) and intangible property (such as
financial asset A financial asset is a non-physical asset whose value is derived from a contractual claim, such as deposit (finance), bank deposits, bond (finance), bonds, and participations in companies' share capital. Financial assets are usually more market liq ...
s and related rights, including
stock In finance, stock (also capital stock) consists of all the Share (finance), shares by which ownership of a corporation or company is divided.Longman Business English Dictionary: "stock - ''especially AmE'' one of the shares into which owners ...
s and bonds;
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
, including
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclo ...
s,
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
s and
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign (semiotics), sign, design, or expression (language), expression that identifies Good (economics and accounting), product ...
s; digital files;
communication channel A communication channel refers either to a physical transmission medium A transmission medium is a system or substance that can mediate the wave propagation, propagation of signals for the purposes of telecommunication. Signals are typical ...
s; and certain forms of
identifier An identifier is a name that identifies (that is, labels the identity of) either a unique object or a unique ''class'' of objects, where the "object" or class may be an idea, physical countable In mathematics, a Set (mathematics), set is countab ...
, including Internet domain names, some forms of
network address A network address is an identifier for a Node (networking), node or Host (network), host on a telecommunications network. Network addresses are designed to be unique identifiers across the network, although some networks allow for Link-local addr ...
, some forms of
handle A handle is a part of, or attachment to, an object that allows it to be grasped and manipulated by hand A hand is a prehensile, multi-fingered appendage located at the end of the forearm or forelimb of primates such as humans, chimpanze ...
and again trademarks). Treatment of intangible property is such that an article of property is, by law or otherwise by traditional conceptualization, subject to expiration even when inheritable, which is a key distinction from tangible property. Upon expiration, the property, if of the intellectual category, becomes a part of
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have ...
, to be used by but not owned by anybody, and possibly used by more than one party simultaneously due to the inapplicability of
scarcity In economics, scarcity "refers to the basic fact of life that there exists only a finite amount of human and nonhuman resources which the best technical knowledge is capable of using to produce only limited maximum amounts of each economic good. ...
to intellectual property. Whereas things such as communications channels and pairs of electromagnetic spectrum bands and signal transmission power can only be used by a single party at a time, or a single party in a divisible context, if owned or used. Thus far or usually, those are not considered property, or at least not private property, even though the party bearing right of exclusive use may transfer that right to another. In many societies the
human body The human body is the structure of a Human, human being. It is composed of many different types of Cell (biology), cells that together create Tissue (biology), tissues and subsequently organ systems. They ensure homeostasis and the life, viabi ...
is considered property of some kind or other. The question of the ownership and rights to one's body arise in general in the discussion of
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
, including the specific issues of
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
,
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to Ancient history, antiquity and it continues in some countries to th ...
, rights of children under the
age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minor (law), minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminatin ...
,
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
,
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnan ...
,
prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
,
drugs A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inha ...
,
euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legali ...
and
organ donation Organ donation is the process when a person allows an organ (anatomy), organ of their own to be removed and organ transplantation, transplanted to another person, #Legislation and global perspectives, legally, either by consent while the donor ...
.


Related concepts

Of the following, only sale and at-will sharing involve no
encumbrance An encumbrance is a third party's right to, interest in, or legal liability on property (law), property that does not prohibit the property's owner from transferring Title (property), title (but may diminish its value). Encumbrances can be classif ...
.


Violation


Miscellaneous action


Issues in property theory


Principle

The two major justifications are given for the original property, or the
homestead principle The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it ...
, are effort and scarcity.
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
emphasized effort, "mixing your labor" with an object, or clearing and cultivating virgin land.
Benjamin Tucker Benjamin Ricketson Tucker (; April 17, 1854 – June 22, 1939) was an American individualist anarchism, individualist anarchist and Libertarian socialism, libertarian socialist.Martin, James J. (1953)''Men Against the State: The Expositers of Ind ...
preferred to look at the
telos Telos (; ) is a term used by philosopher Aristotle to refer to the Four causes#Final cause, final cause of a natural organ or entity, or of a work of human art. Intentional Potentiality and actuality, actualization of potential or inherent purpos ...
of property, i.e., what is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce concerning people's desires, do they become property. For example, hunter-gatherers did not consider land to be property, since there was no shortage of land. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have the "exclusivity property"—that use by one person excludes others from using it. These two justifications lead to different conclusions on what can be property.
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
—incorporeal things like ideas, plans, orderings and arrangements (musical compositions, novels, computer programs)—are generally considered valid property to those who support an effort justification, but invalid to those who support a scarcity justification, since the things don't have the exclusivity property (however, those who support a scarcity justification may still support other "intellectual property" laws such as
Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
, as long as these are a subject of
contract A contract is a legally enforceable agreement between two or more Party (law), parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, Service (economics), ser ...
instead of government arbitration). Thus even ardent propertarians may disagree about IP. By either standard, one's body is one's property. From some
anarchist Anarchism is a political philosophy and Political movement, movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and Social hierarchy, hierarchy, typi ...
points of view, the validity of property depends on whether the "property right" requires enforcement by the State. Different forms of "property" require different amounts of enforcement:
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little. In contrast, requesting one's own body requires absolutely no state intervention. So some anarchists don't believe in property at all. Many things have existed that did not have an
owner Ownership is the state or fact of legal possession and control over property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of th ...
, sometimes called the
commons The commons is the cultural Culture () is an umbrella term which encompasses the social behavior, institutions, and Social norm, norms found in human Society, societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs ...
. The term "commons," however, is also often used to mean something entirely different: "general collective ownership"—i.e.
common ownership Common ownership refers to holding the assets of an organization, Business, enterprise or community indivisibly rather than in the names of the individual members or groups of members as common property. Forms of common ownership exist in eve ...
. Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access (
public property Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a Sovereign state, st ...
). Law in all societies has tended to reduce the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources due to the
tragedy of the commons Tragedy (from the grc-gre, wiktionary:τραγῳδία, τραγῳδία, ''tragōidia'', ''tragōidia'') is a genre of drama based on human suffering and, mainly, the terrible or sorrowful events that befall a tragic hero, main character. ...
. At the same time, critics say that it leads to the 'exploitation' of those resources for personal gain and that it hinders taking advantage of potential
network effects In economics, a network effect (also called network externality or demand-side economies of scale) is the phenomenon by which the Value (economics), value or utility a user derives from a Goods, good or Service (economics), service depends on th ...
. These arguments have differing validity for different types of "property"—things that are not scarce are, for instance, not subject to the
tragedy of the commons Tragedy (from the grc-gre, wiktionary:τραγῳδία, τραγῳδία, ''tragōidia'', ''tragōidia'') is a genre of drama based on human suffering and, mainly, the terrible or sorrowful events that befall a tragic hero, main character. ...
. Some apparent critics advocate general collective ownership rather than ownerlessness. Things that do not have owners include:
idea In Usage (language), common usage and in philosophy, ideas are the results of thought. Also in philosophy, ideas can also be mental representational images of some object (philosophy), object. Many philosophers have considered ideas to be a funda ...
s (except for
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
),
seawater Seawater, or salt water, is water from a sea or ocean. On average, seawater in the world's oceans has a salinity of about 3.5% (35 g/L, 35 ppt, 600 mM). This means that every kilogram (roughly one liter by volume) of seawater has approx ...
(which is, however, protected by anti-pollution laws), parts of the
seafloor The seabed (also known as the seafloor, sea floor, ocean floor, and ocean bottom) is the bottom of the ocean The ocean (also the sea or the world ocean) is the body of Saline water, salt water that covers approximately 70.8% of the surfac ...
(see the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an Treaty, international agreement that establishes a legal framework for all marine and maritime activities. ...
for restrictions), gases in
Earth's atmosphere The atmosphere of Earth is the layer of gases, known collectively as air, retained by Gravity of Earth, Earth's gravity that surrounds the planet and forms its planetary atmosphere. The atmosphere of Earth protects life on Earth by creating Atmo ...
, animals in the wild (although in most nations, animals are tied to the land. In the United States and Canada, wildlife is generally defined in statute as property of the State. This public ownership of wildlife is referred to as the North American Model of Wildlife Conservation and is based on The Public Trust Doctrine.), celestial bodies and outer space, and land in
Antarctica Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean, it contains the geographic South Pole. Antarctica is the fifth-largest contine ...
. The nature of children under the
age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minor (law), minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminatin ...
is another contested issue here. In ancient societies, children were generally considered the property of their parents. However, children in most modern communities theoretically own their bodies but are not regarded as competent to exercise their rights. Their parents or guardians are given most of the fundamental rights of control over them. Questions regarding the nature of ownership of the body also come up in the issue of
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnan ...
,
drugs A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inha ...
, and
euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legali ...
. In many ancient legal systems (e.g., early
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
), religious sites (e.g.
temple A temple (from the Latin ) is a building reserved for spiritual rituals and activities such as prayer and sacrifice. Religions which erect temples include Christianity (whose temples are typically called church (building), churches), Hindui ...
s) were considered property of the
God In monotheistic thought, God is usually viewed as the supreme being, creator, and principal object of faith. Swinburne, R.G. "God" in Honderich, Ted. (ed)''The Oxford Companion to Philosophy'', Oxford University Press, 1995. God is typicall ...
or gods they were devoted to. However,
religious pluralism Religious pluralism is an attitude or policy regarding the diversity of religious belief systems co-existing in society. It can indicate one or more of the following: * Recognizing and tolerating the religious diversity of a society or coun ...
makes it more convenient to have sacred sites owned by the spiritual body that runs them.
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, ...
and air (
airspace Airspace is the portion of the atmosphere controlled by a country above its territory, including its territorial waters or, more generally, any specific three-dimensional portion of the atmosphere. It is not the same as aerospace, which is the ...
,
no-fly zone A no-fly zone, also known as a no-flight zone (NFZ), or air exclusion zone (AEZ), is a territory or area established by a military power over which certain aircraft An aircraft is a vehicle that is able to fly by gaining support from th ...
, pollution laws, which can include tradable emissions rights) can be property in some senses of the word. Ownership of land can be held separately from the ownership of rights over that land, including sporting rights,
mineral rights Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership (see Split estate). Mineral rights can refer to sedentary minerals that do not move below the Earth's surfac ...
, development rights,
air rights Air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning, or renting, land or a building includes the right to use and build in the space above the land without interference by others. This legal ...
, and such other rights as may be worth segregating from simple land ownership.


Ownership

Ownership laws may vary widely among countries depending on the nature of the property of interest (e.g., firearms, real property, personal property, animals). Persons can own property directly. In most societies
legal entities In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so o ...
, such as
corporations A corporation is an organization—usually a group of people or a company—authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal ...
,
trusts A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law In law, common law (also known as judicial precedent, ...
and nations (or governments) own property. In many countries women have limited access to property following restrictive inheritance and family laws, under which only men have actual or formal rights to own property. In the Inca empire, the dead emperors, considered gods, still controlled property after death.


Government interference

In 17th-century England, the legal directive that nobody may enter a home (which in the 17th century would typically have been male-owned) unless by the owner's invitation or consent, was established as common law in Sir
Edward Coke Edward is an English given name A given name (also known as a forename or first name) is the part of a personal name quoted in that identifies a person, potentially with a middle name as well, and differentiates that person from the other ...
's "
Institutes of the Lawes of England The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cit ...
." "For a man's house is his castle, et domus sua cuique est tutissimum refugium nd each man's home is his safest refuge" It is the origin of the famous dictum, "an Englishman's home is his castle". The ruling enshrined into law what several English writers had espoused in the 16th century. Unlike the rest of Europe the British had a proclivity towards owning their own homes. British Prime Minister
William Pitt, 1st Earl of Chatham William Pitt, 1st Earl of Chatham, (15 November 170811 May 1778) was a British statesman of the British Whig Party, Whig group who served as Prime Minister of Great Britain from 1766 to 1768. Historians call him Chatham or William Pitt the El ...
defined the meaning of castle in 1763, "The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter." That principle was carried to the United States. Under U.S. law, the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The
Takings clause The Fifth Amendment (Amendment V) to the United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first consti ...
requires that the government (whether State or federal—for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments) may take private property only for a public purpose after exercising due process of law, and upon making "just compensation." If an interest is not deemed a "property" right or the conduct is merely an intentional tort, these limitations do not apply, and the doctrine of
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a monarch, sovereign or State (polity), state cannot commit a legal wrong and is immune from lawsuit, civil suit or criminal law, criminal prosecution, strictly speaking in mode ...
precludes relief. Moreover, if the interference does not almost completely make the property valueless, the interference will not be deemed a taking but instead a mere regulation of use. On the other hand, some governmental regulations of property use have been deemed so severe that they have been considered " regulatory takings." Moreover, conduct is sometimes deemed only a nuisance, or another tort has been held a taking of property where the conduct was sufficiently persistent and severe.


Theories

There exist many theories of property. One is the relatively rare
first possession theory of property The "first possession" theory of property holds that ownership of something is justified simply by someone seizing it before someone else does."Property". Graham Oppy. ''The shorter Routledge encyclopedia of philosophy''. Editor Edward Craig (philo ...
, where ownership of something is seen as justified simply by someone seizing something before someone else does. Perhaps one of the most popular is the
natural rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental right ...
definition of property rights as advanced by
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
. Locke advanced the theory that God granted dominion over nature to man through Adam in the book of Genesis. Therefore, he theorized that when one mixes one's labor with nature, one gains a relationship with that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others." (see Lockean proviso) From the RERUM NOVARUM,
Pope Leo XIII Pope Leo XIII ( it, Leone XIII; born Vincenzo Gioacchino Raffaele Luigi Pecci; 2 March 1810 – 20 July 1903) was the head of the Catholic Church from 20 February 1878 to his death in July 1903. Living until the age of 93, he was the second-old ...
wrote, "It is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and after that to hold it as his very own." Anthropology studies the diverse ownership systems, rights of use and transfer, and possession under the term "theories of property." As mentioned, western legal theory is based on the owner of property being a legal person. However, not all property systems are founded on this basis. In every culture studied, ownership and possession are the subjects of custom and regulation, and "law" is where the term can meaningfully be applied. Many tribal cultures balance individual rights with the laws of collective groups: tribes, families, associations, and nations. For example, the 1839 Cherokee Constitution frames the issue in these terms: Communal property systems describe ownership as belonging to the entire social and political unit. Common ownership in a hypothetical
communist society In marxism, Marxist thought, a communist society or the communist system is the type of society and economic system postulated to emerge from technological advances in the productive forces, representing the ultimate goal of the political ideol ...
is distinguished from primitive forms of common property that have existed throughout history, such as
Communalism Communalism may refer to: * Communalism (Bookchin) Murray Bookchin (January 14, 1921 – July 30, 2006) was an American Social theory, social theorist, author, orator, historian, and Political philosophy, political philosopher. A pione ...
and primitive communism, in that communist common ownership is the outcome of social and technological developments leading to the elimination of material scarcity in society. Corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual. The Roman property law was based on such a corporate system. In a well-known paper that contributed to the creation of the field of
law and economics Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economics, Economic concepts are used to explain the effec ...
in the late 1960s, the American scholar Harold Demsetz described how the concept of property rights makes social interactions easier: Different societies may have other theories of property for differing types of ownership. For example, Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such but instead may be framed in negative terms: for example, the taboo system among Polynesian peoples.


Property in philosophy

In
medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
and
Renaissance The Renaissance ( , ) , from , with the same meanings. is a Periodization, period in History of Europe, European history marking the transition from the Middle Ages to modernity and covering the 15th and 16th centuries, characterized by an e ...
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
the term "property" essentially referred to land. After much rethinking, land has come to be regarded as only a special case of the property genus. This rethinking was inspired by at least three broad features of early modern Europe: the surge of commerce, the breakdown of efforts to prohibit
interest In finance and economics, interest is payment from a debtor, borrower or deposit-taking financial institution to a lender or depositor of an amount above repayment of the principal sum (that is, the amount borrowed), at a particular rate. It is ...
(then called "
usury Usury () is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is ch ...
"), and the development of centralized national
monarchies A monarchy is a government#Forms, form of government in which a person, the monarch, is head of state for life or until abdication. The legitimacy (political)#monarchy, political legitimacy and authority of the monarch may vary from restric ...
.


Ancient philosophy

Urukagina Uru-ka-gina, Uru-inim-gina, or Iri-ka-gina ( sux, ; 24th century BC, middle chronology The chronology of the ancient Near East is a chronology, framework of dates for various events, rulers and dynasties. Historical inscriptions and texts ...
, the king of the
Sumer Sumer () is the earliest known civilization in the historical region of southern Mesopotamia (south-central Iraq), emerging during the Chalcolithic and Early Bronze Age, early Bronze Ages between the sixth and fifth millennium BC. It is one of ...
ian city-state
Lagash Lagash (cuneiform: LAGAŠKI; Sumerian language, Sumerian: ''Lagaš''), was an ancient city state located northwest of the junction of the Euphrates and Tigris rivers and east of Uruk, about east of the modern town of Ash Shatrah, Iraq. Lagash ...
, established the first laws that forbade compelling the sale of property. The Bible in Leviticus 19:11 and ibid. 19:13 states that the
Israelites The Israelites (; , , ) were a group of ancient Semitic-speaking peoples, Semitic-speaking tribes in the ancient Near East who, during the Iron Age, inhabited a part of Canaan. The earliest recorded evidence of a people by the name of Israel ...
are not to steal.
Aristotle Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical Greece, Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatet ...
, in ''Politics,'' advocates "private property." He argues that self-interest leads to neglect of the commons. " at which is common to the greatest number has the least care bestowed upon it. Everyone thinks chiefly of his own, hardly at all of the common interest, and only when he is himself concerned as an individual." In addition, he says that when property is common, there are natural problems that arise due to differences in labor: "If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed, there is always a difficulty in men living together and having all human relations in common, but especially in their having common property."
''Politics, 1261b34''
Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Ancient Rome, Roman statesman, lawyer, scholar, philosopher, and Academic skepticism, academic skeptic, who tried to uphold optimate principles during crisis of ...
held that there is no private property under
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be Deductive reasoning, deduced and applied independently of positive law ( ...
but only under human law. Seneca viewed property as only becoming necessary when men become avaricious. St. Ambrose later adopted this view and St. Augustine even derided heretics for complaining the Emperor could not confiscate property they had labored for.


Medieval philosophy


Thomas Aquinas (13th century)

The canon law ''
Decretum Gratiani The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of Canon law (Catholic Church), canon law compiled and written in the 12th ...
'' maintained that mere human law creates property, repeating the phrases used by St. Augustine. St. Thomas Aquinas agreed with regard to the private consumption of property but modified patristic theory in finding that the private possession of property is necessary. Thomas Aquinas concludes that, given certain detailed provisions, * it is natural for man to possess external things * it is lawful for a man to possess a thing as his own * The essence of theft consists in taking another's thing secretly * Theft and robbery are sins of different species, and robbery is a more grievous sin than theft * theft is a sin; it is also a
mortal sin A mortal sin ( la, peccatum mortale), in Catholic theology, is a gravely sinful act which can lead to Hell in Christianity#Roman_Catholicism, damnation if a person does not repent of the sin before death. A sin is considered to be "mortal" wh ...
* it is, however, lawful to steal through stress of need:" in cases of need, all things are common property."


Modern philosophy


Thomas Hobbes (17th century)

The principal writings of
Thomas Hobbes Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English people, English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan (Hobbes book), Levi ...
appeared between 1640 and 1651—during and immediately following the war between forces loyal to King
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
and those loyal to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. 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 Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Ancient Rome, Roman statesman, lawyer, scholar, philosopher, and Academic skepticism, academic skeptic, who tried to uphold optimate principles during crisis of ...
. 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.


James Harrington (17th century)

A contemporary of Hobbes, James Harrington, reacted to the same tumult differently: 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 when the commoners have half a nation's property, with the crown and nobility holding the other half—a circumstance fraught with instability and violence. He suggested a much better situation (a stable republic) would exist once the commoners own most property. In later years, the ranks of Harrington's admirers included American revolutionary and founder
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
.


Robert Filmer (17th century)

Another member of the Hobbes/Harrington generation, Sir Robert Filmer, reached conclusions much like Hobbes', but through
Biblical The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacredness, sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of ...
exegesis Exegesis ( ; from the Ancient Greek, Greek , from , "to lead out") is a critical explanation or interpretation (logic), interpretation of a text. The term is traditionally applied to the interpretation of Bible, Biblical works. In modern usage, ...
. Filmer said that the institution of kingship is analogous to that of fatherhood, that subjects are still, 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.


John Locke (17th century)

In the following generation,
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
sought to answer Filmer, creating a rationale for a balanced
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity A polity is an identifiable Politics, political entity – a group of people with a collective identity, who ...
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 The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Catholic Church (above major archbishop and primate (bishop), primate), the Hussite Church, Church of the East, and some Independent Catholicism, Independent Catholic Chur ...
of the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacredness, sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of ...
, and 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 which are willing to create a
social contract In moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the legitimacy of the authority of the state over the individual. Soci ...
because otherwise, "the enjoyment of the property he has in this state is very unsafe, very insecure," 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." They would, he allowed, create a
monarchy A monarchy is a government#Forms, form of government in which a person, the monarch, is head of state for life or until abdication. The legitimacy (political)#monarchy, political legitimacy and authority of the monarch may vary from restric ...
, but its task would be to execute the will of an elected legislature. "To this end" (to achieve the previously specified goal), he wrote, "it is that men give up all their natural power to the society they enter into, and the community put the
Legislative power A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, ...
into such hands as they think fit, with this trust, that they shall be governed by declared laws, or else their peace, quiet, and property will still be at the same uncertainty as it was in the
state of nature The state of nature, in moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a narrative, story or wikt:event, event. The moral may be left to the hearer, reader, or viewer to determine for them ...
." Even when it keeps to proper legislative form, Locke held that there are limits to what a government established by such a contract might rightly do.
"It cannot be supposed that he hypothetical contractorsthey should intend, had they a power so to do, to give anyone or more an absolute arbitrary power over their persons and estates, and put a force into the magistrate's hand to execute his unlimited will arbitrarily upon them; this were to put themselves into a worse condition than the State of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man or many in combination. Whereas by supposing they have given themselves up 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..."
Both "persons" and "estates" are to be protected from the arbitrary power of any magistrate, including legislative power and will." In Lockean terms, depredations against an estate are just as plausible a justification for resistance and revolution as are those against persons. In neither case are subjects required to allow themselves to become prey. To explain the ownership of property, Locke advanced a
labor theory of property The labor theory of property (also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, or principle of first appropriation) is a theory of natural law that holds that property originally comes about b ...
.


David Hume (18th century)

In contrast to the figures discussed in this section thus far
David Hume David Hume (; born David Home; 7 May 1711 New Style, NS (26 April 1711 Old Style, OS) – 25 August 1776)Maurice Cranston, Cranston, Maurice, and T. E. Jessop, Thomas Edmund Jessop. 2020
999 999 or triple nine most often refers to: * 999 (emergency telephone number) 999 is an official emergency telephone number in a number of countries which allows the caller to contact emergency services for urgent assistance. Countries and territ ...
avid Hume" ''Encyclopædia Britannica''. Retrieve ...
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 1763 when, at 52 years of age, he went off to
Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), ma ...
to work at the British embassy. In contrast, one might think to his polemical works on
religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or religious organization, organizations, that generally relates hu ...
and his
empiricism In philosophy, empiricism is an Epistemology, epistemological theory that holds that knowledge or justification comes only or primarily from Empirical evidence, sensory experience. It is one of several views within epistemology, along with ra ...
-driven skeptical
epistemology Epistemology (; ), or the theory of knowledge, is the branch of philosophy concerned with knowledge. Epistemology is considered a major subfield of philosophy, along with other major subfields such as ethics, logic, and metaphysics. Epis ...
, Hume's views on law and property were quite conservative. He did not believe in hypothetical contracts or the love of humanity in general and sought to ground politics upon actual human beings as one knows them. "In general," he wrote, "it may be affirmed that there is no such passion in the human mind, as the love of mankind, merely as such, independent of personal qualities, or services, or of relation to ourselves." Existing customs should not lightly be disregarded because they have come to be what they are due to human nature. With this endorsement of custom comes an endorsement of existing governments because he conceived of the two as complementary: "A regard for
liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
, though a laudable passion, ought commonly to be subordinate to a reverence for established
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. 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. He offered some practical home-spun advice on the general subject, though, as when he referred to
avarice Greed (or avarice) is an uncontrolled longing for increase in the acquisition or use of material gain (be it food, money, land, or animate/inanimate possessions); or social value, such as status Status (Latin plural: ''statūs''), is a sta ...
as "the spur of
industry Industry may refer to: Economics * Industry (economics), a generally categorized branch of economic activity * Industry (manufacturing), a specific branch of economic activity, typically in factories with machinery * The wider industrial sect ...
," and expressed concern about excessive levels of taxation, which "destroy industry, by engendering despair."


Adam Smith

"The property that every man has in his labour is the original foundation of all other property, so it is the most sacred and inviolable. The inheritance 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 neighbor, is a plain violation of this most sacred property. It is a manifest encroachment upon the just liberty of the workman and those who might be disposed to employ him. 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 as impertinent as it is oppressive." — (Source:
Adam Smith Adam Smith (baptized 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the thinking of political economy and key figure during the Scottish Enlightenment. Seen by some as "The Father of Economics"——— ...
, ''
The Wealth of Nations ''An Inquiry into the Nature and Causes of the Wealth of Nations'', generally referred to by its shortened title ''The Wealth of Nations'', is the ''Masterpiece, magnum opus'' of the Scottish people, Scottish economist and moral philosopher Ada ...
'', 1776, Book I, Chapter X, Part II.) By the mid 19th century, the industrial revolution had transformed England and the United States and had begun in France. As a result, the conventional conception of what constitutes property expanded beyond land to encompass scarce goods. In France, the revolution of the 1790s had led to large-scale confiscation of land formerly owned by the church and king. The restoration of the monarchy led to claims by those dispossessed to have their former lands returned.


Karl Marx

Section VIII, " Primitive Accumulation" of Capital involves a critique of Liberal Theories of property rights. Marx notes that under Feudal Law, peasants were legally 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, then seized by the nobility. This seized land was then used for commercial ventures (sheep herding). Marx sees this "Primitive Accumulation" as integral to the creation of English Capitalism. This event created a sizeable un-landed class that had to work for wages to survive. Marx asserts that liberal theories of property are "idyllic" fairy tales that hide a violent historical process.


Charles Comte: legitimate origin of property

Charles Comte, in "Traité de la propriété" (1834), attempted to justify the legitimacy of private property in response to the
Bourbon Restoration Bourbon Restoration may refer to: France under the House of Bourbon: * Bourbon Restoration in France (1814, after the French revolution and Napoleonic era, until 1830; interrupted by the Hundred Days in 1815) Spain under the House of Bourbon-Anjou, ...
. 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. Instead, 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." Later theorists would use Comte's analysis in response to the socialist critique of property.


Pierre-Joseph Proudhon: property is theft

In his 1840 treatise ''What is Property?'',
Pierre Proudhon Pierre-Joseph Proudhon (, , ; 15 January 1809, Besançon Besançon (, , , ; archaic german: Bisanz; la, Vesontio) is the prefecture of the Departments of France, department of Doubs in the region of Bourgogne-Franche-Comté. The city is ...
answers with " Property is theft!". In natural resources, he sees two types of property, ''de jure'' property (legal title) and ''de facto'' property (physical possession), and argues that the former is illegitimate. 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 Usufruct () is a limited ius in re, real right (or ''in rem'' right) found in Civil law (legal system), civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use ...
) is more nuanced. He asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of humanity, with the product of labor being the producer's property. 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 work 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 did not own. Proudhon's theory of property greatly influenced the budding socialist movement, inspiring anarchist theorists such as
Mikhail Bakunin Mikhail Alexandrovich Bakunin (; 1814–1876) was a Russian revolutionary anarchist, socialist and founder of collectivist anarchism. He is considered among the most influential figures of anarchism and a major founder of the revolutionary so ...
who modified Proudhon's ideas, as well as antagonizing theorists like
Karl Marx Karl Heinrich Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, economist, historian, sociologist, political theorist, journalist, Critique of political economy, critic of political economy, and socialist revolutionary. His be ...
.


Frédéric Bastiat: property is value

Frédéric Bastiat 's main treatise on property can be found in chapter 8 of his book "Economic Harmonies" (1850). In a radical departure from traditional property theory, he defines property, not as a physical object, but rather as a relationship between people concerning a thing. 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 object's value. By "value," Bastiat means "market value"; he emphasizes this is quite different from utility. "In our relations with one another, we are not owners of the utility of things, but their value, and value is the appraisal made of reciprocal services." 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.g., 100 liters of wheat, decreases over time, thus amounting to "gratis" satisfaction. Thus, private property continually destroys itself, becoming transformed into communal wealth. The increasing proportion of communal wealth to private property results in a tendency toward equality of humanity. "Since the human race began in greatest poverty, that is, when there were the most obstacles to overcome, all that has been achieved from one era to the next is due to the spirit of property." This transformation of private property into the communal domain, Bastiat points out, does not imply that personal property will ever totally disappear. On the contrary, this is because man, as he progresses, continually invents new and more sophisticated needs and desires.


Andrew J. Galambos: a precise definition of property

Andrew J. Galambos (1924–1997) was an astrophysicist and philosopher who innovated a social structure that sought to maximize human peace and freedom. Galambos' concept of property was essential to his philosophy. He defined property as a man's life and all non-procreative derivatives of his life. (Because the English language is deficient in omitting the feminine from "man" when referring to humankind, it is implicit and obligatory that the feminine is included in the term "man.") Galambos taught that property is essential to a non-coercive social structure. He defined freedom as follows: "Freedom is the societal condition that exists when every individual has full (100%) control over his property." Galambos defines property as having the following elements: * Primordial property, which is an individual's life * Primary property, which includes ideas, thoughts, and actions * Secondary property includes all tangible and intangible possessions that are derivatives of the individual's primary property. Property includes all non-procreative derivatives of an individual's life; this means children are not the property of their parents. and "primary property" (a person's own ideas). Galambos repeatedly emphasized that actual 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. Since an individual's money is his property, the confiscation of money in the form of taxes is an attack on property. Military conscription is likewise an attack on a person's primordial property.


Contemporary views

Contemporary political thinkers who believe that natural persons enjoy rights to own property and enter into contracts espouse two views about John Locke. On the one hand, some admire Locke, such as William H. Hutt (1956), who praised Locke for laying down the "quintessence of individualism." On the other hand, those such as
Richard Pipes Richard Edgar Pipes ( yi, ריכארד פּיִפּעץ ''Rikhard Pipets'', the surname literally means 'beak'; pl, Ryszard Pipes; July 11, 1923 – May 17, 2018) was an American academic who specialized in History of Russia, Russian and History ...
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 Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be Deductive reasoning, deduced and applied independently of positive law ( ...
" rather than upon Harrington's sociological framework.
Hernando de Soto Hernando de Soto (; ; 1500 – 21 May, 1542) was a Spanish explorer Exploration refers to the historical practice of discovering remote lands. It is studied by geographers and historians. Two major eras of exploration occurred in human hi ...
has argued that an essential characteristic of the capitalist market economy is the functioning state protection of property rights in a formal property system which records ownership and transactions. These property rights and the whole legal system of property make possible: * Greater independence for individuals from local community arrangements to protect their assets * Clear, provable, and protectable ownership * The standardization and integration of property rules and property information in a country as a whole * Increased trust arising from a greater certainty of punishment for cheating in economic transactions * More formal and complex written statements of ownership that permit the more straightforward assumption of shared risk and ownership in companies, and insurance against the risk * Greater availability of loans for new projects since more things can serve as collateral for the loans * Easier access to and more reliable information regarding such things as credit history and the worth of assets * Increased
fungibility In economics, fungibility is the property of a goods, good or a commodity whose individual units are essentially interchangeable, and each of whose parts is indistinguishable from any other part. Fungible tokens can be exchanged or replaced; f ...
, standardization, and transferability of statements documenting the ownership of property, which paves the way for structures such as national markets for companies and the easy transportation of property through complex networks of individuals and other entities * Greater protection of biodiversity due to minimizing of shifting agriculture practices According to de Soto, all of the above enhance
economic growth Economic growth can be defined as the increase or improvement in the inflation-adjusted market value of the goods and services produced by an economics, economy in a financial year. Statisticians conventionally measure such growth as the perce ...
. Academics have criticized the capitalist frame through which property is viewed pointing to the fact that commodifying property or land by assigning it monetary value takes away from the traditional cultural heritage, particularly from first nation inhabitants.Kristen A. Carpenter, Sonia Katyal, and Angela Riley, 'In Defense of Property' 009118 Yale L J 101, 101–117, 124–138Margaret Jane Radin, Property and Personhood, 34 STAN. L. REV. 957, 1013-15 (1982) These academics point to the personal nature of property and its link to identity being irreconcilable with wealth creation that contemporary Western society subscribes to.


See also

* Allemansrätten *
Anarchism Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not necess ...
* Binary economics *
Buying agent Buying agents or purchasing agents are people or companies that offer to buy goods or property on behalf of another party. Indent agents or indenting agents (or firms) are alternative terms for buying agents. An indent is an order for goods under ...
*
Capitalism Capitalism is an economic system based on the private ownership of the means of production and their operation for profit. Central characteristics of capitalism include capital accumulation, competitive markets, price system, pr ...
*
Communism Communism (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around ...
*
Homestead principle The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it ...
* Immovable property * Inclusive Democracy * International Property Rights Index *
Labor theory of property The labor theory of property (also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, or principle of first appropriation) is a theory of natural law that holds that property originally comes about b ...
*
Land (economics) In economics, land comprises all natural resource, naturally occurring resources as well as geographic land. Examples include particular geographical locations, mineral deposits, forests, fish stocks, atmospheric quality, geostationary orbits, a ...
*
Libertarianism Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and Minarchism, minimize the ...
*
Lien A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
* Off plan * Ownership society * Patrimony *
Personal property Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables— ...
* Propertarian * Property is theft *
Property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual ...
*
Property rights (economics) Property rights are constructs in economics for determining how a resource or economic good is used and Ownership, owned, which have developed over ancient and modern history, from Abrahamic law to Article 17 of the Universal Declaration of Human ...
*
Socialism Socialism is a left-wing Economic ideology, economic philosophy and Political movement, movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to Private prop ...
*
Sovereignty Sovereignty is the defining authority within individual consciousness, Social constructionism, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty i ...
* Taxation as theft *
Interpersonal relationship The concept of interpersonal relationship involves social associations, connections, or affiliations between two or more people. Interpersonal relationships vary in their degree of intimacy or self-disclosure, but also in their duration, in t ...
*
Public liability Public liability is part of the law of tort which focuses on civil wrongs. An applicant (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages. Claims are usually successful when ...
Property-giving (legal) * Charity *
Essenes The Essenes (; Hebrew Hebrew (; ; ) is a Northwest Semitic languages, Northwest Semitic language of the Afroasiatic languages, Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their long ...
*
Gift A gift or a present is an item given to someone without the expectation of payment or anything in return. An item is not a gift if that item is already owned by the one to whom it is given. Although gift-giving might involve an expectation ...
*
Kibbutz A kibbutz ( he, קִבּוּץ / , lit. "gathering, clustering"; plural: kibbutzim / ) is an intentional community in Israel that was traditionally based on agriculture. The first kibbutz, established in 1909, was Degania Alef, Degania. Toda ...
*
Monasticism Monasticism (from Ancient Greek Ancient Greek includes the forms of the Greek language used in ancient Greece and the classical antiquity, ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following perio ...
*
Tithe A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in money, cash or cheques or ...
,
Zakat Zakat ( ar, زكاة; , "that which purifies", also Zakat al-mal , "zakat on wealth", or Zakah) is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam Islam (; ar, ۘالِإسلَام, , ) is a ...
(modern sense) Property-taking (legal) *
Adverse possession Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land (real property ...
*
Confiscation Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of search and seizure, seizure by a government or other public authority. The word is also used, popularly, of Tampering w ...
*
Eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
* Fine *
Jizya Jizya ( ar, جِزْيَة / ) is a per capita yearly taxation historically levied in the form of financial charge on dhimmis, that is, permanent Kafir, non-Muslim subjects of a state governed by Sharia, Islamic law. The jizya tax has been unde ...
*
Nationalization Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the State ownership, public ownership of a Government, national government or State (polity), ...
* Regulatory fees and costs *
Search and seizure Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person ...
*
Tariff A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade an ...
*
Tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regiona ...
* Turf and twig (historical) *
Tithe A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in money, cash or cheques or ...
,
Zakat Zakat ( ar, زكاة; , "that which purifies", also Zakat al-mal , "zakat on wealth", or Zakah) is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam Islam (; ar, ۘالِإسلَام, , ) is a ...
(historical sense) * RS 2477 Property-taking (illegal) *
Theft Theft is the act of taking another person's property or Service (economics), services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal sho ...


References


Bibliography

* Bastiat, Frédéric, 1850. ''Economic Harmonies.'' W. Hayden Boyers. * Bastiat, Frédéric, 1850
"The Law"
tr. Dean Russell. * Bethell, Tom, 1998. "The Noblest Triumph: Property and Prosperity through the Ages." New York: St. Martin's Press. * Blackstone, William, 1765–69.
Commentaries on the Laws of England
, 4 vols. Oxford Univ. Press. Especially Books the Second and Third. * De Soto, Hernando, 1989. "The Other Path". Harper & Row. * De Soto, Hernando, and Francis Cheneval, 2006.
Realizing Property Rights
'. Ruffer & Rub. * Ellickson, Robert, 1993. " ", ''
Yale Law Journal The ''Yale Law Journal'' (YLJ), known also as the ''Yale Law Review'', is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students ...
'' 102: 1315–1400. * Mckay, John P., 2004, "A History of World Societies". Boston: Houghton Mifflin Company * Palda, Filip (2011) "Pareto's Republic and the New Science of Peace" 201

chapters online. Published by Cooper-Wolfling. * Richard Pipes, Pipes, Richard, 1999. "Property and Freedom". New York: Knopf Doubleday.


External links

*
Concepts of Property
Hugh Breakey, Internet Encyclopedia of Philosophy

Tibor Machan, Internet Encyclopedia of Philosophy *
"Property and Ownership"
Jeremy Waldron Jeremy Waldron (; born 13 October 1953) is a New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 ...
, The Stanford Encyclopedia of Philosophy (Winter 2016 Edition), Edward N. Zalta (ed.). {{authority control Economic anthropology Social inequality Environmental social science concepts