Property
Different property systems
1. private
2. collective
3. common
How do these particular property systems convey rights on people?
Property rights theories
Special rights:
Arise out of particular relationships among individuals. I.e. someone has done something that makes them deserve property right.
General Rights:
Arise out off humanity possessing certain characteristics. i.e. because we are human we deserve property rights.
First possession or occupancy:
“Equal right to grab” this is a special rights theory, “I grabbed it there for it is mine” someone did something to get the property.
· -capturing wild animals
· -intellectual property
· -ambient resources like water running under your property
· where you place your mooring.
Why would we use this system? – because it eliminates a lot of chaos because it lends a lot of certainty. Simplicity. An objective standard.
What are the problems with this theory? It may favor the mighty over the weak…it assumes that everyone has the same ability to grab. Distribution may not be desirable and may not resolve conflicts. It may deplete the resource to the detriment of someone else or everyone as a whole. What is occupancy for possession? Conflicting possessory claims can come about…more than one person claiming the right to property (land). Anarchy (a free for all). In what situations do you loose ownership…(a shipwreck) This only applies to un-owned property. ( there is virtually no un owned land anymore)
Does possession always confer a property right? Eminent Domain…where the government takes property. Adverse possession…illegal possession becomes legal possession (squatters rights)… at some point actions (improvements) take precedence over possession.
Labor theory of property:
When a person mixes his labor with his resources, that thing becomes his.
Problems w
nd from the government worked the land for long enough that it becomes mine.
Supercession thesis – property entitlements entitle the owner to rebuff others challenges to the uses of your land. Legitimacy of your ability to rebuff, is based on a moral right at the time. But what happens in radical circumstances- we are not sure that your moral claim has force. In fact your moral claim may be superceded. (i.e. invasion, change of government etc.)
The problems with this is that it is tantamount to a GIFT to the CONQUERERS.
Remedies to property conflicts
1) get your property back “property remedy”
2) get compensation for the loss “liability remedy”
Labor theory – more likely to use a “liability remedy”
Personality theory – more likely to get a “property remedy”
