Property definition considered in classical
liberal though: Hobes consider property “give every man of his own. John Locke
Second Treatise on Civil Government: “Every man has a property in his own person. This
nobody has a right to, but himself.” James Harrington “property natural but not inevitable.” William Blackstone in codify English Law the
property is: "can resist tyranny of the Nobility." David Hume considers the liberty
should be submitted under the state control. Charles Comte Traité de la propriété (1834)
try to legitimize property in respond to the Burbon Restoration:
a) Interference by the state
over the centuries in property ownership has had dire consequences for justice
as well as for economic productivity.
b) The property is legitimate
when it emerges in such a way as not to harm anyone.
c) 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
The use of property is found in
Sumerian code, where the exchange merchandise is described for tax payments. Of
course the Jews Law should not steal defined what property. Aristotle in
Politics said lack property will neglected the commons.
Property from this historical
tradition based on a right by authority, in most cases represented of the
governance elite.
Western tradition, Byzantium and
Ottoman law which appropriated the definitions of property derive from Roman
law ( While some Roman Historians suggested the 12 Tablets are derived from
Athens Solon Laws, much discussion, since Rome wanted a mantel legitimize by
embracing Athens tradition, which many disputed). In Roman law Ius privatu, private property was defined as right granted in
by the state and conducted by agreements.
A good example the Intellectual
Property or patents considered in Venice
1774 issuing a decree of a creation will have a commercial value, by given a
monopoly of period of 10 years. But early cases of this monopoly is found
England in the form of Letters of Patents in 1331 given to John Kempe and his
Company as Royal grant, later on codify in Status of Monopolies 1673. In
Florence 1421, this Letters Patents found, and there is some evidence use Greek
City states: In 500 BC, Sybaris today in Italy “encouragement was held out to
all who should discover any new refinement in luxury, the profits arising from
which were secured to the inventor by patent for the space of a yea (Charles
Anthon, A Classical Dictionary: Containing An Account Of The
Principal Proper Names Mentioned in Ancient Authors, And Intended To Elucidate
All The Important Points Connected With The Geography, History, Biography,
Mythology, And Fine Arts Of The Greeks And Romans Together With An Account Of
Coins, Weights, And Measures, With Tabular Values Of The Same, Harper
& Bros, 1841, pp 1273).”
Patents can be describe a individual/individuals
producing an particular idea, while derived from a common experience, still is
individual production, but the monopoly is decided by a privilege.
Ricardo using the arguments by Adam Smith, Labor
Theory of value, defined what is labor needed for producing or obtained
commodity, given a quantity, private space is created an possession of the
particular quantity define what is property.
While
ownership (control) of use, benefit, transfer, sells, excluded is definition of
property.
Socialism critic of property is the individual
ownership, benefit, transfer and exclusion is not sufficient to cost to rest of
society. While oil production will benefit cost benefit the individuals, the
cost, by limiting resources CO2 tramp the right of the others, one can said
since is not insufficient information during using should not be detrimental,
except the consequence is so global not possible individuals should have the
right to harm everyone on such scale.
Libertarian Socialism suggested property is the
continue use, when individual realize the detrimental force will stop.
Communist does not mean the state or the city, by
collective use minimize the harm and inequality obtained by privilege
granted.
A definition of property is given by Locker and
Tucker, property is function to produce as scarcity, production of Land for
scarcity, food.
The terms of property consider is western
tradition others views like Cherokee Nation:” The lands of the Cherokee Nation
shall remain common property; but the improvements made thereon, and in the
possession of the citizens respectively who made, or may rightfully be in
possession of them: Provided, that the citizens of the Nation possessing
exclusive and indefeasible right to their improvements, as expressed in this
article, shall possess no right or power to dispose of their improvements, in
any manner whatever.”
Corporate property exits to shift liability of the
holder to abstract identity the corporation.
The question sis mention by Proudhon and Analyze
by Kevin Carson in Mutualism Political Economy,
property is theft not by the individual by the Authority- the State, the Polis, by asserting the right and granted a privilege, moreover,
this privilege is tilted derived from nepotism to family member; to friend granted a
right.
Property become in exercises of power, not just in a Capitalist Society,
the rights of the Free Cities in Europe are rights given by Aristocracy, but in
a central authority as given in Marxist tradition,
where the Elite, benefits in with the implosion of the Soviet System in Russia,
the elite, the managers, technocrats, the intellectual elite benefit by liquidation
of the factories and Russia today where is country falling into underdevelopment manage by a corrupt elite benefit from natural resource, from Minerals to Gas
production.
For the elites in the west,
especially in Europe a need of energy independence, while Europe has imperial
tradition, but dependence in cheap natural resources hinder invention of
alternatives, not to say the Russian can cut the gas in the middle of winter,
when Europe does not go along in some Economic or Foreign Policy which does not
agree with the Kremlin or country holding the natural resource is power
play.
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