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Encyclopedia > Property
Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Alienation  · Bailment  · License
Estates in land
Allodial title  · Fee simple
Life estate  · Fee tail  · Future interest
Concurrent estate  · Leasehold estate
Condominiums
Conveyancing of interests in land
Bona fide purchaser  · Torrens title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

Property designates those things that are commonly recognized as the entities that a person or group has exclusive rights in respect of. Important types of property include real property (land), personal property (other physical possessions), and intellectual property (rights over artistic creations, inventions, etc.). A right of ownership is associated with property that establishes the good as being "one's own thing" in relation to other individuals or groups, assuring the owner the right to dispense with the property in a manner he or she sees fit, whether to use or not use, exclude others from using, or to transfer ownership. Some philosophers assert that property rights arise from social convention. Others find origins for them in morality or natural law. This article or section does not cite its references or sources. ... A property of an object is some intrinsic or extrinsic quality of that object, where the nature of the object in question will depend on the field, as, for example, indicated below. ... Image File history File links Scale_of_justice. ... This article or section does not cite any references or sources. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A gift, in the law of property, has a very specific meaning. ... In common law, adverse possession is the name given to the process by which title to anothers real property is acquired without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owners rights for a specified period of time. ... A deed is a legal instrument used to grant a right. ... {{PropertyLaw}} In the [[common law]] of [[property]], personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come... Alienation, in property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. ... Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... To license or grant license is to give permission. ... Estate is a term used in the common law. ... Allodial title is a concept in some systems of property law. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... A life estate, is a term used in common law to describe the ownership of land for the duration of a persons life. ... This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ... In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ... A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ... A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ... This article refers to a form of housing. ... Conveyancing is the act of transferring the legal title in a property from one person to another. ... A bona fide purchaser (BFP)—or bona fide purchaser for value without notice (BFPFVWN)—in the law of real property, is an innocent party who purchases property for value, without notice of any other partys claim to the title of that property. ... Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. ... Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. ... A quitclaim deed is a term used in property law to describe a document by which a person disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). ... This article is about the legal mechanism used to secure property in favor of a creditor. ... Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date. ... This page is a candidate to be copied to Wiktionary. ... In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ... A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. ... The rule against perpetuities is a rule in property law which prohibits a contingent grant or will from vesting outside a certain period of time. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. ... A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ... An easement is the right to do something or the right to prevent something over the real property of another. ... A profit, in the law of real estate, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. ... A covenant running with the land, is a real covenant, in the law of real property. ... An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ... In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ... Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ... A partition is a term used in the law of real property to describe the court-ordered division of a concurrent estate into separate portions representing the proportionate interests of the tenants. ... Riparian water rights is a system of allocating water among the property owners who abut its source. ... Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. ... An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ... Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This does not adequately cite its references or sources. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Real property is a legal term encompassing real estate and ownership interests in real estate. ... Personal property is a type of property. ... For the 2006 film, see Intellectual Property (film). ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... This article or section does not cite its references or sources. ... This article or section does not adequately cite its references or sources. ... This article or section cites very few or no references or sources. ... Natural law or the law of nature (Latin lex naturalis) is a law whose content is set by nature, and that therefore has validity everywhere. ...

Contents

Use of the term

Various scholarly communities (e.g., law, economics, anthropology, sociology) may treat the concept more systematically, but definitions vary within and between fields. Scholars in the social sciences frequently conceive of property as a bundle of rights. They stress that property is not a relationship between people and things, but a relationship between people with regard to things. Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Face-to-face trading interactions on the New York Stock Exchange trading floor. ... Anthropology (from Greek: ἀνθρωπος, anthropos, human being; and λόγος, logos, knowledge) is the comparative study of the physical and social characteristics of humanity through the examination of historical and present geographical distribution, cultural history, acculturation, and cultural relationships. ... This article or section does not adequately cite its references or sources. ...


Private property is sometimes used synonymously with individual ownership, but the term may also be used to include collectively-owned property in the form of corporate ownership.[1] Both of these are distinct from public property, which is that which belongs to a whole community collectively or a state.


General characteristics

Modern property rights conceive of ownership and possession as belonging to legal individuals, even if the legal individual is not a real person. Corporations, for example, have legal rights similar to American citizens, including many of their constitutional rights. Therefore, the corporation is a juristi person or artificial legal entity, which some refer to as "corporate personhood".


Property rights are protected in the current laws of states usually found in the form of a Constitution or a Bill of Rights. The fifth and the fourteenth amendment to the United States constitution, for example, provides explicitly for the protection of private property: A bill of rights is a list or summary of which is considered important and essential by a group of people. ... Page one of the original copy of the Constitution. ...


The Fifth Amendment states:

Nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Fourteenth Amendment states:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.

Protection is also found in the United Nations Universal Declaration of Human Rights, Article 17, and in the The French Declaration of the Rights of Man and of the Citizen, Article XVII, and in the European Convention on Human Rights (ECHR), Protocol 1. Bold text Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights. ... Declaration of the Rights of Man and of the Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments Wikisource has original text related to this article: Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (French: La... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ...


Property is usually thought of in terms of a bundle of rights as defined and protected by the local sovereignty. Ownership, however, does not necessarily equate with sovereignty. If ownership gave supreme authority it would be sovereignty, not ownership. These are two different concepts. The bundle of rights theory is a common way of explaining how rights in property are held. ... Sovereignty is the exclusive right to exercise supreme political (e. ... Sovereignty is the exclusive right to exercise supreme political (e. ...


Traditionally, that bundle of rights includes:

  1. control of the use of the property
  2. the right to any benefit from the property (examples: mining rights and rent)
  3. a right to transfer or sell the property
  4. a right to exclude others from the property.

Legal systems have evolved to cover the transactions and disputes which arise over the possession, use, transfer and disposal of property, most particularly involving contracts. Positive law defines such rights, and a judiciary is used to adjudicate and to enforce. Social control refers to social mechanisms that regulate individual and group behaviour, in terms of greater sanctions and rewards. ... USE is an initialism meaning: The United States of Europe The United States of Earth the world government in the TV series Futurama. ... Mineral rights, mining rights, oil rights or drilling rights, are the rights to remove minerals, oil, or sometimes water, that may be contained in and under some land. ... In economic theory, economic rent is an analytic term employed to distinguish the difference between the income earned by an input or factor of production, and the cost of the factor of production. ... Did you mean? decal Population transfer Manhattan Transfer List of Latin words with English derivatives Transfer (movie) Electron transfer Fare transfer A technique in propaganda This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Sell can mean: A verb relating to Sales Sell (professional wrestling) In Investing to give up control of an asset in exchange for a valuable consideration. ... In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... Positive law is law that has been codified into a written form. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...


In his classic text, "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. The first is possession, which can be defined as control over a resource based on the practical inability of another to contradict the ends of the possessor. The second is title, which is the expectation that others will recognize rights to control resource, even when it is not in possession. He elaborates the differences between these two concepts, and proposes a history of how they came to be attached to individuals, as opposed to families or entities such as the church. Oliver Wendell Holmes, Jr. ...


According to Adam Smith, the expectation of profit from "improving one's stock of capital" rests on private property rights, and the belief that property rights encourage the property holders to develop the property, generate wealth, and efficiently allocate resources based on the operation of the market is central to capitalism. From this evolved the modern conception of property as a right which is enforced by positive law, in the expectation that this would produce more wealth and better standards of living. Adam Smith FRSE (baptised June 5, 1723 O.S. / June 16 N.S. – July 17, 1790) was a Scottish moral philosopher and a pioneering political economist. ... Wealth from the old English word weal, which means well-being or welfare. The term was originally an adjective to describe the possession of such qualities. ... In economics, factors of production are resources used in the production of goods and services. ... It has been suggested that Definitions of capitalism be merged into this article or section. ...

"Just as man can't exist without his body, so no rights can exist without the right to translate one's rights into reality, to think, to work and keep the results, which means: the right of property." (Ayn Rand, Atlas Shrugged)
Most thinkers from these traditions subscribe to the labor theory of property. They hold that you own your own life, and it follows that you must own the products of that life, and that those products can be traded in free exchange with others.
"Every man has a property in his own person. This nobody has a right to, but himself." (John Locke, 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)
"The reason why men enter into society is the preservation of their property." (John Locke, Second Treatise on Civil Government)
  • Socialism's fundamental principles are centered on a critique of this concept, stating, among other things, that the cost of defending property is higher than the returns from private property ownership, and that even when property rights encourage the property-holder to develop his property, generate wealth, etc., he will only do so for his own benefit, which may not coincide with the benefit of other people or society at large (and which is argued to go against the interests of non-property-holders).
  • Libertarian socialism generally accepts property rights, but with a short abandonment time period. In other words, a person must make (more or less) continuous use of the item or else he loses ownership rights. This is usually referred to as "possession property" or "usufruct." Thus, in this usufruct system, absentee ownership is illegitimate, and workers own the machines they work with. This type of property system has the effect of preventing capitalism.
  • Communism argues that only collective ownership through a polity, though not necessarily a state, will assure the minimization of unequal or unjust outcomes and the maximization of benefits, and that therefore all, or almost all, private property should be abolished.

    Both communism and some kinds of socialism have also upheld the notion that private property is inherently illegitimate. This argument is centered mainly on the idea that the creation of private property will always benefit one class over another, giving way to domination through the use of this private property. However, some socialists believe in the use of personal property and communists are not opposed to that which is "Hard-won, self-acquired, self-earned" (Communist Manifesto), by members of the proletariat. Classical liberalism (also known as traditional liberalism[1] and laissez-faire liberalism[2]) is a doctrine stressing the importance of human rationality, individual property rights, natural rights, the protection of civil liberties, constitutional limitations of government, free markets, and individual freedom from restraint as exemplified in the writings of Adam... This article does not adequately cite its references. ... Ayn Rand (IPA: , February 2 [O.S. January 20] 1905 – March 6, 1982), born Alisa Zinovyevna Rosenbaum (Russian: ), was a Russian-born American novelist and philosopher,[1] best known for developing Objectivism and for writing the novels We the Living, The Fountainhead, Atlas Shrugged and the novella Anthem. ... Atlas Shrugged is a novel by Ayn Rand, first published in 1957 in the USA. It was Rands last work of fiction before concentrating her writings exclusively on philosophy, politics and cultural criticism. ... The labor theory of property holds that property originally comes about by the exertion of labor upon natural resources. ... This article is about John Locke, the English philosopher. ... Second treatise on civil government was written by John Locke. ... Frédéric Bastiat Claude Frédéric Bastiat (June 30, 1801–December 24, 1850) was a French classical liberal theorist, political economist, and member of the French assembly. ... The Law, original french title La Loi, is a 1849 book by Frédéric Bastiat. ... This article is about John Locke, the English philosopher. ... Socialism refers to a broad array of doctrines or political movements that envisage a socio-economic system in which property and the distribution of wealth are subject to control by the community. ... Libertarian socialism includes a group of political philosophies that aims to create a society without political, economic or social hierarchies - a society within which individuals freely co-operate together as equals. ... Usufruct describes the legal right to utilise and derive profit from property that belongs to another person, as long as the property is not damaged. ... It has been suggested that Definitions of capitalism be merged into this article or section. ... Communism is an ideology that seeks to establish a classless, stateless social organization based on common ownership of the means of production. ... Polity is a general term that refers to political organization of a group. ... Social class refers to the hierarchical distinctions between individuals or groups in societies or cultures. ... Malayalam editon of the Manifesto The Communist Manifesto, also known as The Manifesto of the Communist Party, first published on February 21, 1848 by Karl Marx and Friedrich Engels, is one of the worlds most historically influential political tracts. ... The proletariat (from Latin proles, offspring) is a term used to identify a lower social class; a member of such a class is proletarian. ...

Not every person, or entity, with an interest in a given piece of property may be able to exercise all of the rights mentioned a few paragraphs above. For example, as a lessee of a particular piece of property, you may not sell the property, because the tenant is only in possession, and does not have title to transfer. Similarly, while you are a lessee the owner cannot use his or her right to exclude to keep you from the property. (Or, if he or she does you may perhaps be entitled to stop paying rent or perhaps sue to regain access.) The classical definition of a person is a human being regarded as an individual. ... An entity is something that has a distinct, separate existence, though it need not be a material existence. ... ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...


Further, property may be held in a number of forms, e.g. joint ownership, community property, sole ownership, lease, etc. These different types of ownership may complicate an owner's ability to exercise his or her rights unilaterally. For example if two people own a single piece of land as joint tenants, then depending on the law in the jurisdiction, each may have limited recourse for the actions of the other. For example, one of the owners might sell his or her interest in the property to a stranger that the other owner does not particularly like. The examples and perspective in this article or section may not represent a worldwide view. ... Community property is a marital property regime that originated in civil law jurisdictions, and is now also found in some common law jurisdictions. ... This article or section should include material from Tenancy agreement A lease is a contract conveying from one person (the lessor) to another person (the lessee) the right to use and control some article of property for a specified period of time (the term), without conveying ownership, in exchange for... Look up ability in Wiktionary, the free dictionary Ability - the quality of person of being able to perform; A quality that permits or facilitates achievement or accomplishment. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... Interest is the rent paid to borrow money. ...


Theories of property

A natural rights definition of property rights was advanced by John Locke. Locke advanced the theory that when one mixes one’s labor with nature, one gains ownership of 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"[1]. Natural rights is a philosophical hition of universal rights that are seen as inherent in the nature of people and not contingent on human actions or beliefs. ... This article is about John Locke, the English philosopher. ...


Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession[2] under the term "theories of property". Western legal theory is based, as mentioned, on the owner of property being a legal individual. However, not all property systems are founded on this basis.


In every culture studied ownership and possession are the subject of custom and regulation, and "law" where the term can meaningfully be applied. Many tribal cultures balance individual ownership with the laws of collective groups: tribes, families, associations and nations. For example the 1839 Cherokee Constitution frames the issue in these terms:

Sec. 2. 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, to the United States, individual States, or to individual citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission.

Communal property systems describe ownership as belonging to the entire social and political unit, while 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.


Different societies may have different theories of property for differing types of ownership. 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 and Renaissance Europe the term "property" essentially referred to land. Much rethinking was necessary in order for land to 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 (so-called "usury"), and the development of centralized national monarchies. Image File history File links Broom_icon. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times. ... The Renaissance (French for rebirth, or Rinascimento in Italian), was a cultural movement in Italy (and in Europe in general) that began in the late Middle Ages, and spanned roughly the 14th through the 17th century. ... World map showing the location of Europe. ... Interest is the rent paid to borrow money. ... Of Usury, from Brants Stultifera Navis (the Ship of Fools); woodcut attributed to Albrecht Dürer Usury (//, from the Medieval Latin usuria, interest or excessive interest, from Latin usura interest) was defined originally as charging a fee for the use of money. ... “Kingdom” redirects here. ...


Ancient philosophy

Urukagina, the king of the Sumerian city-state Lagash, established the first laws that forbade compelling the sale of property. The Cyrus cylinder of Cyrus the Great, founder of the Achaemenid Persian Empire, documents the protection of property rights.[3] This article or section does not cite its references or sources. ... Sumer (or Å umer) was the earliest known civilization of the ancient Near East, located in the southern part of Mesopotamia (southeastern Iran) from the time of the earliest records in the mid 4th millennium BC until the rise of Babylonia in the late 3rd millennium BC. The term Sumerian applies... Lagash or Sirpurla was one of the oldest cities of Sumer and later Babylonia. ... The Cyrus Cylinder The Cyrus Cylinder is an artifact of the Persian Empire, consisting of a declaration inscribed in Babylonian cuneiform on a clay barrel. ... Cyrus the Great (Old Persian: KÅ«ruÅ¡[1], modern Persian: کوروش بزرگ, Kurosh-e Bozorg) (ca. ... The Achaemenid Empire (Old Persian: Hakhāmanishiyan, هخامنشیان also frequently, the Achaemenid Persian Empire.) (559 BC–330 BC) was the first of the Persian Empires to rule over significant portions of Greater Iran. ... The Persian Empire was a series of historical empires that ruled over the Iranian plateau, the old Persian homeland, and beyond in Western Asia, Central Asia and the Caucasus. ...


Aristotle, in Politics, advocates "private property." In one of the first known expositions of tragedy of the commons he says, "that which is common to the greatest number has the least care bestowed upon it. Every one 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 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) Aristotle (Greek: Aristotélēs) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. ... It has been suggested that Tyranny of the Commons be merged into this article or section. ...


Pre-industrial English philosophy

Thomas Hobbes 1600s “Hobbes” redirects here. ...


The principal writings of Thomas Hobbes appeared between 1640 and 1651—during and immediately following the war between forces loyal to King Charles I and those loyal to Parliament. In his own words, Hobbes' reflection began with the idea of "giving to every man his own," a phrase he drew from the writings of Cicero. But he wondered: How can anybody call anything his own? In that unsettled time and place it perhaps was natural that he would conclude: 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. “Hobbes” redirects here. ... // Events January 1 - Charles II crowned King of Scotland in Scone. ... Charles I (19 November 1600 – 30 January 1649) was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. ... A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modelled after that of the United Kingdom. ... Cicero at about age 60, from an ancient marble bust Marcus Tullius Cicero (IPA:Classical Latin pronunciation: , usually pronounced in American English or in British English; January 3, 106 BC – December 7, 43 BC) was a Roman statesman, lawyer, political theorist, philosopher, widely considered one of Romes greatest orators...


James Harrington 1600s Portrait of James Harrington, oil on canvas, c. ...


A contemporary of Hobbes, James Harrington, reacted differently to the same tumult; he considered property natural but not inevitable. The author of Oceana, he may have been the first political theorist to postulate that political power is a consequence, not the cause, of the distribution of property. He said that the worst possible situation is one in which the commoners have half a nation's property, with crown and nobility holding the other half—a circumstance fraught with instability and violence. A much better situation (a stable republic) will exist once the commoners own most property, he suggested. Portrait of James Harrington, oil on canvas, c. ... Oceana may refer to: Oceana County, Michigan Oceana Publications, a U.S. law publisher Oceana (Virginia Beach), Virginia Oceana, West Virginia 224 Oceana, an asteroid The Commonwealth of Oceana, a 1656 political tract by James Harrington Naval Air Station Oceana, a military airport located in Virginia, USA P&O Oceana...


In later years, the ranks of Harrington's admirers would include American revolutionary and founder John Adams. John Adams (October 30, 1735 – July 4, 1826) served as Americas first Vice President (1789–1797) and as its second President (1797–1801). ...


Robert Filmer 1600s Sir Robert Filmer (1588 - May 26, 1653), English political writer, was the son of Sir Edward Filmer of East Sutton in Kent. ...


Another member of the Hobbes/Harrington generation, Sir Robert Filmer, reached conclusions much like Hobbes', but through Biblical exegesis. Filmer said that the institution of kingship is analogous to that of fatherhood, that subjects are but children, whether obedient or unruly, and that property rights are akin to the household goods that a father may dole out among his children—his to take back and dispose of according to his pleasure. Sir Robert Filmer (1588 - May 26, 1653), English political writer, was the son of Sir Edward Filmer of East Sutton in Kent. ... The Bible (From Greek βιβλια—biblia, meaning books, which in turn is derived from βυβλος—byblos meaning papyrus, from the ancient Phoenician city of Byblos which exported papyrus) is the sacred scripture of Christianity. ... Exegesis (from the Greek to lead out) involves an extensive and critical interpretation of a text, especially of a holy scripture, such as of the Old and New Testaments of the Bible, the Talmud, the Midrash, the Quran, etc. ...


John Locke 1600s This article is about John Locke, the English philosopher. ...


In the following generation, John Locke sought to answer Filmer, creating a rationale for a balanced constitution in which the monarch would have a part to play, but not an overwhelming part. Since Filmer's views essentially require that the Stuart family be uniquely descended from the patriarchs of the Bible, and since even in the late seventeenth century that was a difficult view to uphold, Locke attacked Filmer's views in his First Treatise on Civil Government, freeing him to set out his own views in the Second Treatise on Civil Government. Therein, Locke imagined a pre-social world, the unhappy residents of which create a social contract. They would, he allowed, create a monarchy, but its task would be to execute the will of an elected legislature. This article is about John Locke, the English philosopher. ... 86. ... See Patriarchs (Bible) for details about Abraham, Isaac, and Jacob of the Book of Genesis in the Hebrew Bible. ... This Gutenberg Bible is displayed by the United States Library of Congress. ... (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... Second treatise on civil government was written by John Locke. ... The term social contract describes a broad class of philosophical theories whose subject is the implied agreements by which people form nations and maintain social order. ... “Kingdom” redirects here. ...


"To this end" he wrote, meaning the end of their own long life and peace, "it is that men give up all their natural power to the society they enter into, and the community put the legislative power 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." A legislature is a governmental deliberative body with the power to adopt laws. ... State of nature is a term in political philosophy used in social contract theories to describe the hypothetical condition of humanity before the states foundation and its monopoly on the legitimate use of physical force. ...


Even when it keeps to proper legislative form, though, Locke held that there are limits to what a government established by such a contract might rightly do.


"It cannot be supposed that [the hypothetical contractors] they should intend, had they a power so to do, to give any one 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 up themselves to the absolute arbitrary power and will of a legislator, they have disarmed themselves, and armed him to make a prey of them when he pleases..."


Note that both "persons and estates" are to be protected from the arbitrary power of any magistrate, inclusive of the "power and will of a legislator." In 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 holds that property originally comes about by the exertion of labor upon natural resources. ...


William Blackstone 1700s William Blackstone as illustrated in his Commentaries on the Laws of England. ...


In the 1760s, William Blackstone sought to codify the English common law. In his famous Commentaries on the Laws of England he wrote that "every wanton and causeless restraint of the will of the subject, whether produced by a monarch, a nobility, or a popular assembly is a degree of tyranny." Events and Trends King George III ascends the British throne in 1760. ... William Blackstone as illustrated in his Commentaries on the Laws of England. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


How should such tyranny be prevented or resisted? Through property rights, Blackstone thought, which is why he emphasized that indemnification must be awarded a non-consenting owner whose property is taken by eminent domain, and that a property owner is protected against physical invasion of his property by the laws of trespass and nuisance. Indeed, he wrote that a landowner is free to kill any stranger on his property between dusk and dawn, even an agent of the King, since it isn't reasonable to expect him to recognize the King's agents in the dark. Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... A sign warning against trespassing // In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly... Nuisance is a common law tort. ...


David Hume 1700s David Hume (April 26, 1711 – August 25, 1776)[1] was a Scottish philosopher, economist, and historian. ...


In contrast to the figures discussed in this section thus far, David Hume lived a relatively quiet life that had settled down to a relatively stable social and political structure. He lived the life of a solitary writer until 1763 when, at 52 years of age, he went off to Paris to work at the British embassy. David Hume (April 26, 1711 – August 25, 1776)[1] was a Scottish philosopher, economist, and historian. ... City flag City coat of arms Motto: Fluctuat nec mergitur (Latin: Tossed by the waves, she does not sink) Paris Eiffel tower as seen from the esplanade du Trocadéro. ...


In contrast, one might think, to his outrage-generating works on religion and his skeptical views in epistemology, Hume's views on law and property were quite conservative. It has been suggested that Meta-epistemology be merged into this article or section. ...


He did not believe in hypothetical contracts, or in the love of mankind in general, and sought to ground politics upon actual human beings as one knows them. "In general," he wrote, "it may be affirmed that there is no such passion in 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 as a result of 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, though a laudable passion, ought commonly to be subordinate to a reverence for established government." Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ...


These views led to a view on property rights that might today be described as legal positivism. 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 as "the spur of industry," and expressed concern about excessive levels of taxation, which "destroy industry, by engendering despair." Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Greed is often associated with death and disease. ...


Critique and response

By the mid 19th century, the industrial revolution had transformed England and had begun in France. The established conception of what constitutes property expanded beyond land to encompass scarce goods in general. In France, the revolution of the 1790s had led to large-scale confiscation of land formerly owned by church and king. The restoration of the monarchy led to claims by those dispossessed to have their former lands returned. Furthermore, the labor theory of value popularized by classical economists such as Adam Smith and David Ricardo were utilized by a new ideology called socialism to critique the relations of property to other economic issues, such as profit, rent, interest, and wage-labor. Thus, property was no longer an esoteric philosophical question, but a political issue of substantial concern. The labor theory of value (LTV) is a theory in classical economics concerning the value of an exchangeable good or service. ... Classical economics is widely regarded as the first modern school of economic thought. ... Adam Smith FRSE (baptised June 5, 1723 O.S. / June 16 N.S. – July 17, 1790) was a Scottish moral philosopher and a pioneering political economist. ... David Ricardo (April 18, 1772 – September 11, 1823), a political economist, is often credited with systematising economics, and was one of the most influential of the classical economists, along with Thomas Malthus, and Adam Smith. ... Socialism refers to a broad array of doctrines or political movements that envisage a socio-economic system in which property and the distribution of wealth are subject to control by the community. ...


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. 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." (The Radical Liberalism of Charles Comte and Charles Dunoyer Following the ousting of Napoleon I of France in 1814, the Allies restored the Bourbon Dynasty to the French throne. ...


Comte, as Proudhon would later do, rejected Roman legal tradition with its toleration of slavery. He posited a communal "national" property consisting of non-scarce goods, such as land in ancient hunter-gatherer societies. Since agriculture was so much more efficient than hunting and gathering, private property appropriated by someone for farming left remaining hunter-gatherers with more land per person, and hence did not harm them. Thus this type of land appropriation did not violate the Lockean proviso - there was "still enough, and as good left." Comte's analysis would be used by later theorists in response to the socialist critique on property. The Lockean Proviso is simply the limitation: at least where there is enough, and as good left in common for others. ...


Pierre Proudhon - property is theft Pierre-Joseph Proudhon Pierre-Joseph Proudhon (pronounced [] in BrE, [] in French) (January 15, 1809 – January 19, 1865) was the first proclaimed anarchist of the 19th century. ...


In his treatise What is Property?(1849), Proudhon answers with "Property is theft!" In natural resources, he sees two conceivable types of property, de jure property and de facto property, and argues that the former is illegitimate. Proudhon's fundamental premise is that equality of condition is the essence of justice. "By this method of investigation, we soon see that every argument which has been invented in behalf of property, whatever it may be, always and of necessity leads to equality; that is, to the negation of property."[2] But unlike the statist socialists of his time, Proudhon's solution is not to give each person an equal amount of property, but to deny the validity of legal property in natural resources altogether. What is Property? Or, an Inquiry into the Principle of Right and of Government (French: Quest-ce que la propriété?) is the title of a book (written in French) by the 19th century French anarchist Pierre-Joseph Proudhon. ... Property is theft! (French: La propriété, cest le vol!) is a slogan coined by the French anarchist Pierre-Joseph Proudhon in his book What is Property? Or, an Inquiry into the Principle of Right of Government. ...


His analysis of the product of labor upon natural resources as property (usufruct) is more nuanced. He asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of mankind with the product of labor being the property of the producer. Like most theorists of his time, both capitalist and socialist, he assumed the labor theory of value to be correct. Thus, Proudhon reasoned, any wealth gained without labor was stolen from those who labored to create that wealth. Even a voluntary contract to surrender the product of labor to an employer was theft, according to Proudhon, since the controller of natural resources had no moral right to charge others for the use of that which he did not labor to create and therefore did not own. The labor theory of value (LTV) is a theory in classical economics concerning the value of an exchangeable good or service. ...


Proudhon's theory of property greatly influenced the budding socialist movement, inspiring anarchist theorists such as Bakunin who modified Proudhon's ideas, as well as antagonizing theorists like Marx.


Frédéric Bastiat - property is value


Bastiat's main treatise on property can be found in chapter 8 of his book Economic Harmonies (1850).[3] In a radical departure from traditional property theory, he defines property not as a physical object, but rather as a relationship between people with respect to an object. Thus, saying one owns a glass of water is merely verbal shorthand for I may justly gift or trade this water to another person. In essence, what one owns is not the object but the value of the object. By "value," Bastiat apparently means market value; he emphasizes that this is quite different from utility. "In our relations with one another, we are not owners of the utility of things, but of their value, and value is the appraisal made of reciprocal services."


Strongly disputing Proudhon's equality-based argument, Bastiat theorizes 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 mankind. "Since the human race started from the point of greatest poverty, that is, from the point where there were the most obstacles to be overcome, it is clear that all that has been gained from one era to the next has been due to the spirit of property."


This transformation of private property into the communal domain, Bastiat points out, does not imply that private property will ever totally disappear. This is because man, as he progresses, continually invents new and more sophisticated needs and desires.


Contemporary views

Among contemporary political thinkers who believe that human individuals enjoy rights to own property and to enter into contracts, there are two views about John Locke. On the one hand there are ardent Locke admirers, such as W.H. Hutt (1956), who praised Locke for laying down the "quintessence of individualism." On the other hand, there are those such as Richard Pipes who think that Locke's arguments are weak, and that undue reliance thereon has weakened the cause of individualism in recent times. Pipes has written that Locke's work "marked a regression because it rested on the concept of Natural Law" rather than upon Harrington's sociological framework. William Harold Hutt William Harold Bill Hutt (3 August 1899–1988) was an English economist who described himself as a classical liberal, although some identify him more closely with the Austrian School. ... Richard Pipes, Warsaw (Poland), October 20, 2004 Richard Edgar Pipes (b. ... Natural law or the law of nature (Latin lex naturalis) is a law whose content is set by nature, and that therefore has validity everywhere. ...


Hernando de Soto has argued that an important characteristic of capitalist market economy is the functioning state protection of property rights in a formal property system where ownership and transactions are clearly recorded. These property rights and the whole formal system of property make possible: Hernando de Soto (born 1941 in Arequipa) is a Peruvian economist known for his work on the informal economy. ...

  • 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 the 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 easier assumption of shared risk and ownership in companies, and insurance against risk;
  • Greater availability of loans for new projects, since more things could be used 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, 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.

All of the above enhance economic growth.[4] Fungibility is a measure of how easily one good may be exchanged or substituted for another example of the same good at equal value. ... It has been suggested that this article or section be merged with Slash and burn. ...


Formal systems of property are of undoubted value but do not reach anywhere near their full potential unless property − particularly in the form of ownership of productive (and the associated consuming) capacity − is spread to all individuals in the population. Despite the rhetoric of the desirability of widespread property ownership the reality in most societies today is of narrow ownership. Binary economics, however, is an economics committed to wide ownership and, most importantly, has developed the mechanisms by which wide ownership can be achieved. In essence these mechanisms use central bank-issued interest-free loans (administered by the banking system) for the spreading of productive (and the associated consuming) capacity, on market principles, throughout the population. A summary might be – a justice which creates efficiency and an efficiency which creates justice. Binary Economics is an approach to modern economic theory that looks at the ability of labor and capital to contribute to economic output. ...


Types of property

This sign declaring a parking lot to be "private property" illustrates one method of identifying and protecting property. Note the citations to legal statutes.

Most legal systems distinguish different types (immovable property, estate in land, real estate, real property) of property, especially between land and all other forms of property - goods and chattels, movable property or personal property. They often distinguish tangible and intangible property (see below). Image File history File links Download high-resolution version (1087x1190, 326 KB) A large traffic sign posted at the entrance to a parking lot in Sunnyvale, California which reminds drivers of applicable laws and regulations. ... Image File history File links Download high-resolution version (1087x1190, 326 KB) A large traffic sign posted at the entrance to a parking lot in Sunnyvale, California which reminds drivers of applicable laws and regulations. ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Type has historically had the following uses: In biology, a type is the specimen or specimens upon which an original species description is based. ... In all the civil law systems, immovable property is the equivalent of real property in common law systems, i. ... An estate is the right, interest, or nature of interest, a person has in real property. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ... Good. ... Personal property is a type of property. ... Personal property is a type of property. ... Personal property is a type of property. ...


One categorization scheme specifies three species of property: land, improvements (immovable man made things) and personal property (movable man made things)


In common law, real property (immovable property) is the combination of interests in land and improvements thereto and personal property is interest in movable property. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ... In all the civil law systems, immovable property is the equivalent of real property in common law systems, i. ... Personal property is a type of property. ...


Later, with the development of more complex forms of non-tangible property, personal property was divided into tangible property (such as cars, clothing, animals) and intangible or abstract property (e.g. financial instruments such as stocks and bonds, etc.), which includes intellectual property (patents, copyrights, and trademarks). Karl Benzs Velo (vélo means bicycle in French) model (1894) - entered into the first automobile race 2005 MINI Cooper S. An automobile (also motor car or simply car) is a wheeled passenger vehicle that carries its own motor. ... // Girls wearing formal attire for dancing, an example of one of the many modern forms of clothing. ... “Animalia” redirects here. ... Financial instruments package financial capital in readily tradeable forms - they do not exist outside the context of the financial markets. ... This article does not cite its references or sources. ... In finance, a bond is a debt security, in which the issuer owes the holders a debt and is obliged to repay the principal and interest (the coupon) at a later date, termed maturity. ... For the 2006 film, see Intellectual Property (film). ... A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which... Copyright symbol Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. ... A trademark or trade mark[1] is a distinctive sign of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. ...


What can be property?

The two major justifications given for original property, or homesteading, are effort and scarcity. John Locke emphasized effort, "mixing your labor" with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at the telos of property, i.e. What is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce with respect to people's desires do they become property.[5] 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 - non-corporeal 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 they don't have the exclusivity property.) Thus even ardent propertarians may disagree about IP.[6] By either standard, one's body is one's property. Broadly defined, homesteading is a lifestyle of simple, agrarian self-sufficiency. ... This article is about John Locke, the English philosopher. ... Benjamin Ricketson Tucker Benjamin Ricketson Tucker (April 17, 1854 – June 22, 1939) was the leading proponent of American individualist anarchism in the 19th century. ... It has been suggested that Teleology be merged into this article or section. ... For the 2006 film, see Intellectual Property (film). ... Propertarianism is the advocacy of the private individual or group ownership of legal, transferable, private property titles within a free market. ...


From some anarchist 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 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, while ownership of one's own body requires absolutely no state intervention. Anarchism is a form of social criticism, a political movement as well as a political philosophy. ... For the 2006 film, see Intellectual Property (film). ...


Many things have existed that did not have an owner, sometimes called the commons. The term "commons," however, is also often used to mean something quite different: "general collective ownership" - i.e. common ownership. Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access. Law in all societies has tended to develop towards reducing 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, while critics argue that it leads to the exploitation of those resources for personal gain and that it hinders taking advantage of potential network effects. These arguments have differing validity for different types of "property" -- things which are not scarce are, for instance, not subject to the tragedy of the commons. Some apparent critics actually are advocating general collective ownership rather than ownerlessness. In England and Wales, a common is a piece of land over which other people -- often neighbouring landowners -- could exercise one of a number of traditional rights, such as allowing their cattle to graze upon it. ... Statism is a term to describe any economic system where a government implements a significant degree of centralized economic planning, which may include state ownership of the means of production, as opposed to a system where the overwhelming majority of economic planning occurs at a decentralized level by private individuals... It has been suggested that Tyranny of the Commons be merged into this article or section. ... The network effect causes a good or service to have a value to a potential customer dependent on the number of customers already owning that good or using that service. ... It has been suggested that Tyranny of the Commons be merged into this article or section. ...


Things today which do not have owners include: ideas (except for intellectual property), seawater (which is, however, protected by anti-pollution laws), parts of the seafloor (see the United Nations Convention on the Law of the Sea for restrictions), gasses in Earth's atmosphere, animals in the wild (though there may be restrictions on hunting etc. -- and in some legal systems, such as that of New York, they are actually treated as government property), celestial bodies and outer space, and land in Antarctica. IDEA may refer to: Electronic Directory of the European Institutions IDEA League Improvement and Development Agency Individuals with Disabilities Education Act Indian Distance Education Association Integrated Data Environments Australia Intelligent Database Environment for Advanced Applications IntelliJ IDEA - a Java IDE Interactive Database for Energy-efficient Architecture International IDEA (International Institute... For the 2006 film, see Intellectual Property (film). ... Annual mean sea surface salinity for the World Ocean. ... The seabed (also sea floor, seafloor, or ocean floor) is the bottom of the ocean. ... United Nations Convention on the Law of the Sea Opened for signature December 10, 1982 in Montego Bay (Jamaica) Entered into force November 16, 1994[1] Conditions for entry into force 60 ratifications Parties 149[2] For maritime law in general see Admiralty law. ... Layers of Atmosphere - not to scale (NOAA)[3] Earths atmosphere is a layer of gases surrounding the planet Earth and retained by the Earths gravity. ...


The nature of children under the age of majority is another contested issue here. In ancient societies children were generally considered the property of their parents. Children in most modern societies theoretically own their own bodies -- but they are considered incompetent to exercise their rights, and their parents or "guardians" are given most of the actual rights of control over them.


Questions regarding the nature of ownership of the body also come up in the issue of abortion.


In many ancient legal systems (e.g. early Roman law), religious sites (e.g. temples) were considered property of the God or gods they were devoted to. However, religious pluralism makes it more convenient to have religious sites owned by the religious body that runs them. Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Roman law is the legal system of ancient Rome. ... Temple of Hephaestus, an Doric Greek temple in Athens with the original entrance facing east, 449 BC (western face depicted) For other uses, see Temple (disambiguation). ... This article discusses the term God in the context of monotheism and henotheism. ... Pluralism is used, often in different ways, across a wide range of topics: In science, the concept often describes the view that several methods, theories or points of view are legitimate or plausible, see Scientific pluralism. ...


Intellectual property and air (airspace, no-fly zone, pollution laws, which can include tradeable emissions rights) can be property in some senses of the word. For the 2006 film, see Intellectual Property (film). ... Airspace means the portion of the atmosphere controlled by a particular country on top of its territory and territorial waters or, more generally, any specific three-dimensional portion of the atmosphere. ... A No-Fly Zone is a territory over which aircraft generally or certain unauthorized aircraft are not permitted to fly. ... Emissions trading (or cap and trade) is an administrative approach used to control pollution by providing economic incentives for achieving reductions in the emissions of pollutants. ...


Who can be an owner?

Ownership laws may vary widely among countries depending on the nature of the property of interest (e.g. firearms, real property, personal property, animals). In some societies only adult men may own property.[citation needed] In some societies legal entities, such as corporations, trusts, and nations (or governments) own property.[citation needed] A legal entity is a legal construct through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes. ... A corporation (usually known in the United Kingdom and Ireland as a company) is a legal entity (distinct from a natural person) that often has similar rights in law to those of a Civil law systems may refer to corporations as moral persons; they may also go by the name... In common law legal systems, a trust is a contractual relationship in which a person or entity (the trustee) has legal title to certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of one or more...


In the Inca empire, the dead emperors, who were considered gods, still controlled property after death.[4] kjh


References

  1. ^ Understanding Principles of Politics and the State, by John Schrems, PageFree Publishing (2004), page 234
  2. ^ Hann, Chris A new double movement? Anthropological perspectives on property in the age of neoliberalism Socio-Economic Review, Volume 5, Number 2, April 2007, pp. 287-318(32)
  3. ^ Arthur Henry Robertson, John Graham Merrills (1996). Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights. Manchester University Press. ISBN 0719049237.
  4. ^ Mckay, John P. , 2004, "A History of World Societes". Boston: Houghton Mifflin Company

Manchester University Press is the university press of the University of Manchester, England. ...

See also

Property giving (legal) The right of public access to the wilderness, or everymans right, is a convention of property rights in the Nordic countries of Sweden, Finland and Norway, in addition to parts of Scotland (Shetland/Orkney), which allows the common public the right of access to the land, be it public... Anarchism is a form of social criticism, a political movement as well as a political philosophy. ... It has been suggested that Definitions of capitalism be merged into this article or section. ... Communism is an ideology that seeks to establish a classless, stateless social organization based on common ownership of the means of production. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ... The Homestead principle in law is the concept that one can gain ownership of something which currently has no owner by using that thing. ... In all the civil law systems, immovable property is the equivalent of real property in common law systems, i. ... The theoretical project of Inclusive Democracy (ID; as distinguished from the political project which is part of the democratic and autonomy traditions) emerged from the work of political philosopher, former academic and activist Takis Fotopoulos in Towards An Inclusive Democracy, Cassell/Continuum, London/New York, 1997, 401 pp. ... See also Libertarianism and Libertarian Party Libertarian,is a term for person who has made a conscious and principled commitment, evidenced by a statement or Pledge, to forswear violating others rights and usually living in voluntary communities: thus in law no longer subject to government supervision. ... In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation. ... Ownership society is a slogan for a model of society promoted by United States President George W. Bush. ... 1. ... Propertarianism is the advocacy of the private individual or group ownership of legal, transferable, private property titles within a free market. ... Property is theft! is a slogan coined by the French anarchist Pierre-Joseph Proudhon in his book What is Property? Or, an Inquiry into the Principle of Right of Government. ... This article or section does not cite any references or sources. ... A property right is the exclusive authority to determine how a resource is used, whether that resource is owned by government or by individuals[1]. All economic goods have a property rights attribute. ... The labor theory of property holds that property originally comes about by the exertion of labor upon natural resources. ... Socialism refers to a broad array of doctrines or political movements that envisage a socio-economic system in which property and the distribution of wealth are subject to control by the community. ... Sovereignty is the exclusive right to exercise supreme political (e. ...

Property taking (legal) Allegorical personification of Charity as a mother with three infants by Anthony van Dyck // The word charity entered the English language through the O.Fr word charite which was derived from the Latin caritas.[1] In Christian theology charity, or love (agapē), is the greatest of the three theological virtues... The Essenes (sg. ... Love gift Man presents a cut of meat to a youth with a hoop. ... Kibbutz Dan, near Qiryat Shemona, in the Upper Galilee, 1990s A kibbutz (Hebrew: ; plural: kibbutzim: קיבוצים; gathering or together) is an Israeli collective intentional community. ... Monasticism (from Greek: monachos — a solitary person) is the religious practice in which one renounces worldly pursuits in order to devote ones life fully to spiritual work. ... A tithe (from Old English teogoþa tenth) is a one-tenth part of something, paid as a (usually) voluntary contribution or as a tax or levy, usually to support a Jewish or Christian religious organization. ... This is a sub-article of Islamic economical jurisprudence. ...

Property taking (illegal) Confiscation, from the Latin confiscato join to the fiscus, i. ... Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... FINE was created in 1998 and is an informal association of the four main Fair Trade networks: F Fairtrade Labelling Organizations International (FLO) I International Fair Trade Association (IFAT) N Network of European Worldshops (NEWS!) and E European Fair Trade Association (EFTA) // The aim of FINE is to enable these... Kleptocracy (sometimes Cleptocracy) (root: Klepto+cracy = rule by thieves) is a pejorative, informal term for a government that is primarily designed to sustain the personal wealth and political power of government officials and their cronies (collectively, kleptocrats). ... A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... A tariff is a tax placed on imported and/or exported goods, sometimes called a customs duty. ... A tax is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (for example, tribes, secessionist movements or revolutionary movements). ... Turf and Twig is an English ceremony dating from the 12th century, practiced regularly during English colonialism to take sovereign possession over unclaimed lands. ... A tithe (from Old English teogoþa tenth) is a one-tenth part of something, paid as a (usually) voluntary contribution or as a tax or levy, usually to support a Jewish or Christian religious organization. ... This is a sub-article of Islamic economical jurisprudence. ... A typical zoning map; this one identifies the zones, or development districts, in the city of Ontario, California Zoning is a North American term for a system of land-use regulation. ...

Property of either digital or virtual form Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Kleptocracy (sometimes Cleptocracy) (root: Klepto+cracy = rule by thieves) is a pejorative, informal term for a government that is primarily designed to sustain the personal wealth and political power of government officials and their cronies (collectively, kleptocrats). ...

Emerging Virtual Institutions collectively include the future economic and community-based growth of virtual reality worlds such as Second Life and World of Warcraft, the point where these spaces are no longer just a place for individuals to interact through computer-mediated reality, but instead become significant structures and mechanisms...

References

Frédéric Bastiat Claude Frédéric Bastiat (June 30, 1801–December 24, 1850) was a French classical liberal theorist, political economist, and member of the French assembly. ... Tom Bethell (born 1936) is an journalist specializing in economic issues, known for his support of the market economy, political conservatism, and unorthodox science. ... William Blackstone as illustrated in his Commentaries on the Laws of England. ... Hernando de Soto is a: Spanish explorer. ... Hernando de Soto is a: Spanish explorer. ... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... A mebibyte (a contraction of mega binary byte) is a unit of information or computer storage, abbreviated MiB. 1 MiB = 220 bytes = 1,048,576 bytes = 1,024 kibibytes 1 MiB = 1024 (= 210) kibibytes (KiB), and 1024 MiB equal one gibibyte (GiB). ... Richard Pipes, Warsaw (Poland), October 20, 2004 Richard Edgar Pipes (b. ...

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