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Image File history File links Scale_of_justice. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
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 real estate law, adverse possession is a means of acquiring title to anothers real property without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owners rights. ...
A deed is a legal instrument used to grant a right. ...
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 into...
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. ...
A license or licence is a document or agreement giving permission to do something. ...
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, at common law is an estate in real property that ends at death. ...
Fee tail is an obsolescent term of art in common law. ...
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. ...
Conveyancing is the act of transferring the ownership of a property from one person to another. ...
A bona fide purchaser (or BFP), in the law of real property, is a person who purchases land for value, without notice of any other partys claim to the title to that land. ...
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). ...
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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 that they sign a contract binding them 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. ...
The Rule in Shelleys Case, dating from the 14th century, is a famous if now almost useless legal rule that is now the bane of most first-year law students studying common law real property law. ...
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 of use 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, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not...
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. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
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 common law that punishes criminals for committing offences against the state. ...
The law of evidence governs the use of testimony (eg. ...
Use of the term
The concept of property or ownership has no single or universally accepted definition. Like other foundational concepts which have great weight in public discourse, popular usage varies broadly. Various scholarly communities (e.g., law, economics, anthropology, sociology) may treat the concept more systematically, but their definitions likewise vary within and between fields.
In common use, property is simply 'one's own thing' and refers to the relationship between individuals and the objects which they see as being their own to dispense with as they see fit. Scholars in the social sciences frequently conceive of property as a 'bundle of rights and obligations.' They stress that property is not a relationship between people and things, but a relationship between people with regard to things. Property is often conceptualized as the rights of 'ownership' as defined in law. Private property is that which belongs to an individual; public property is that which belongs to a community collectively or a State. Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide...
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. Thus, corporations, governments and other collective forms of ownership are framed in terms of individual ownership. Exceptions to this pattern include the "commons", which belong to a defined community, and the "public domain", to which access is unlimited. 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. ...
The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...
Property rights are found in the oldest laws written down, and equate the expectation of use or profit to some payment from the very beginning. Modern property rights can be said to begin with the transition from ownership by entities as being the primary form of property right, to the theory that property rights are to promote the general good, and specifically encourage economic development and utilization of property.
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 (legislative, judicial and/or executive) authority over a geographic region, group of people or oneself. ...
Sovereignty is the exclusive right to exercise supreme political (legislative, judicial and/or executive) authority over a geographic region, group of people or oneself. ...
Traditionally, that bundle of rights includes: The bundle of rights theory is a common way of explaining how rights in property are held. ...
- control use of the property
- benefit from the property (examples: mining rights and rent)
- transfer or sell the property
- 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. ...
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. ...
In law, the judiciary or judicature is the system of courts which administer justice and provide 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 – July 17, 1790) was a Scottish political economist and moral philosopher. ...
Wealth is an abundance of items of economic value, or the state of controlling or possessing such items, and encompasses money, real estate and personal property. ...
Resources comprise the base material for an activity or industry: factors of production, the economics term human capital, human resources (HR) and innovation natural resources resource (computer science) resource (Web) resource (Windows) resource (Macintosh) resource (political) resource (project management) Resource Distribution, human influence and the effects of trade. ...
Capitalism is commonly understood to mean an economic or socioeconomic system in which the means of production are predominantly privately owned and operated for profit, often through the employment of labour. ...
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 often goes directly against the interests of non-property-holders). This is still a modern theory of property, however, in that it argues based on superior utility of result. Socialism is a social and economic system (or the political philosophy advocating such a system) in which the economic means of production are controlled by the people. ...
Libertarian socialism generally accepts a modern theory of property, 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 property." Thus, in this usufruct system, absentee ownership is illegitimate, and workers own the machines they work with. This type of property system is intended to prevent capitalism. Libertarian socialism is any one of a group of political philosophies dedicated to opposing coercive forms of authority and social hierarchy, in particular the institutions of capitalism and the State. ...
Capitalism is commonly understood to mean an economic or socioeconomic system in which the means of production are predominantly privately owned and operated for profit, often through the employment of labour. ...
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. This article is about communism as a form of society and as a political movement. ...
Polity is a general term that refers to political organization of a group. ...
Both communism and (sometimes) socialism have also upheld the notion that private property is inherently illegitimate. This argument is centered mainly on the fact that the creation of property involves the use of natural resources, therefore private property in general necessarily involves private property over land. If private property over land is illegitimate (for example, due to the fact that it was first instituted by force), then it follows that private property in general is illegitimate.
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.) Person, in the classic sense, refers to a living human being. ...
An entity is something that has a distinct, separate existence, though it need not be a material existence. ...
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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. 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 jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...
In finance, interest has three general definitions. ...
Theories of property Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession 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 have a "corporate" theory of ownership, meaning that ownership is by 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: generally a family. The Roman property law was based on such a corporate system, for example.
Different societies may have different theories of property for differing types of ownership, as the above paragraph makes clear: land is collectively owned, improvements are individually owned, but may not be transferred outside of the community. Currently, anthropological theory relates the kind of kinship system - whether through one or both parents - with certain property theories, though this idea is in dispute. Essentially, it is very common among property systems to have the community own property where kinship is reckoned both through patrilineal and matrilineal systems, but property is owned by the family if only one method of reckoning is used. Exceptions to this rule have been documented, but it remains the prevailing assumption of tribal 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. February 2006 : ↠- January - February - March - April - May - June - July - August - September - October - November - December- → 28 February 2006 (Tuesday) Al Askari Mosque bombing: Sixty-eight people have been killed so far today in Baghdad, Iraq. ...
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. ...
In the traditional view, the Renaissance is understood as an historical age that was preceded by the Middle Ages and followed by the Reformation. ...
Europe is conventionally considered one of the seven continents of Earth which, in this case, is more a cultural and political distinction than a physiographic one. ...
In finance, interest has three general definitions. ...
Usury (pronounced // or //, from the Latin usuria, demanding in return for a loan a greater amount than was borrowed) was defined originally as charging a fee for the use of money. ...
A monarchy, (from the Greek monos, one, and archein, to rule) is a form of government that has a monarch as Head of State. ...
Several of the most influential intellectuals who responded to these three trends and rethought the whole issue of private property were English. Royal motto (French): Dieu et mon droit (Translated: God and my [birth]right) Englands location (dark green) within the British Isles Languages English (de facto) Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked...
Pre-industrial English philosophy Thomas Hobbes 1600's 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 December 1 - Portugal regains its independence from Spain and João IV of Portugal becomes king. ...
// Events January 1 - Charles II crowned King of Scotland in Scone. ...
Charles I (19 November 1600–30 January 1649) was King of England, Scotland, and Ireland from 27 March 1625 until his execution in 1649. ...
Insert non-formatted text hereInsert non-formatted text here:This article is about the legislative institution. ...
Marcus Tullius Cicero (IPA: ;) (January 3, 106 BC – December 7, 43 BC) was an orator and statesman of Ancient Rome, and is generally considered the greatest Latin orator and prose stylist. ...
James Harrington 1600's James Harrington (or Harington) (January, 1611 - September 11, 1677) was an English political philosopher, best known for his controversial work, Oceana. ...
A contemporary of Hobbes, James Harrington, reacted differently to the same tumult; he considered property natural but not inevitable. Harrington, author of Oceana, 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. James Harrington (or Harington) (January, 1611 - September 11, 1677) was an English political philosopher, best known for his controversial work, Oceana. ...
Oceana is a work by James Harrington, originally banned by Oliver Cromwell, but eventually published, with a dedication to Cromwell, in 1656. ...
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) was the first (1789–1797) Vice President of the United States, and the second President of the United States, whose term lasted from 1797 to 1801. ...
Robert Filmer 1600's 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', although chiefly through Biblical exegesis and without, it must be said, anything akin to the intellectual depth of a Hobbes or a Harrington. 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 kids—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. ...
This article discusses textual hermeneutics. ...
John Locke 1600's John Locke (August 29, 1632 – October 28, 1704) was an influential English philosopher and social contract theorist. ...
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. John Locke (August 29, 1632 – October 28, 1704) was an influential English philosopher and social contract theorist. ...
Stuart is a semi-common surname and male first name. ...
See Patriarchs (Bible) for details about Abraham, Isaac, and Jacob of the Book of Genesis in the Hebrew Bible. ...
The Bible (Hebrew: ×ª× ×´×š tanakh, Greek: η Βίβλος hÄ“ biblos) (sometimes The Holy Bible, The Book, Word of God, The Word Scripture, Scripture), from Greek (τα) βίβλια, (ta) biblia, (the) books, is the name used by Jews and Christians for their (differing but overlapping) canons of sacred texts. ...
(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. ...
Social contract theory (or contractarianism) is a concept used in philosophy, political science and sociology to denote an implicit agreement within a state regarding the rights and responsibilities of the state and its citizens, or more generally a similar concord between a group and its members, or between individuals. ...
A monarchy, (from the Greek monos, one, and archein, to rule) is a form of government that has a monarch as Head of State. ...
"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, depradations 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 be a 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 1700's Sir William Blackstone, (July 10, 1723 – February 14, 1780) was an English jurist and professor who produced the historical treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765–1769. ...
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. ...
Sir William Blackstone, (July 10, 1723 – February 14, 1780) was an English jurist and professor who produced the historical treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765–1769. ...
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). ...
The Commentaries on the Laws of England is an influential 18th century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765-1769. ...
How should such tyranny be prevented or resisted? Through property rights, Blackstone thought, which is why he emphasized that indemnification must be awarded a nonconsenting 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 (US), compulsory purchase (United Kingdom, New Zealand), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the lawful power of the state to expropriate private property without the owners consent, either for its own use or on behalf of a third party. ...
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
In contrast to the figures discussed in this section thus far, David Hume lived a relatively quiet life within an England 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 who was one of the most important figures of the Scottish Enlightenment. ...
1763 was a common year starting on Saturday (see link for calendar). ...
, The Eiffel Tower, the tallest structure in Paris, is an international symbol of the city. ...
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. Epistemology is an analytic branch of philosophy which studies the nature, origin, and scope of knowledge. ...
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 - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...
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 modern and contemporary jurisprudence and the philosophy of law. ...
Greed is a desire to obtain more money or material possessions or bodily satisfaction than one is considered to need. ...
Socialist critique and response By the mid-1800s, the industral 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 a school of economic thought whose major developers include William Petty, Adam Smith, David Ricardo, Thomas Malthus, and John Stuart Mill, and Johann Heinrich von Thünen. ...
Adam Smith, FRSE (baptised June 5, 1723 – July 17, 1790) was a Scottish political economist and moral philosopher. ...
{{Infobox_Biography subject_name = David Ricardo | image_name = David_ricardo. ...
Socialism is a social and economic system (or the political philosophy advocating such a system) in which the economic means of production are controlled by the people. ...
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 robbery 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 robbery." 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."[1] 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. ...
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, the labor theory of value was assumed 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 Proudhonism, as well as antagonizing theorists like Marx.
Frederic Bastiat - property is value
Bastiat's main treatise on property can be found in chapter 8 of his book Economic Harmonies (1850).[2] 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."
Turning Proudhon's equality-based argument on its head, Bastiat points out 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 Among contemporary political thinkers who believe in individual human rights, and who believe that the right to own property, and to enter into contracts, is within that realm of rights, there are two schools of thought about John Locke. There are, on the one hand, ardent Locke admirers, such as W.H. Hutt, who in 1956 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 metaphysical concept of Natural Law rather than" upon Harrington's more sophisticated sociological framework. 1956 (MCMLVI) was a leap year starting on Sunday of the Gregorian calendar. ...
Richard Edgar Pipes (b. ...
Plato and Aristotle, by Raphael (Sistine Chapel, Rome). ...
It has been suggested that Law of nature (precept) be merged into this article or section. ...
Types of property Most legal systems distinguish between different types (Immovable property, Estate in land, Real estate, Real property) of property, especially between land and all other forms of property. They also often distinguish between tangible and intangible property as well. Type has historically had the following uses: In biology, a type is the specimen or specimens upon which an original species description is based. ...
Immovable Property is: Immovable object, real estate, item of property. ...
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. ...
The factual accuracy of this article is disputed. ...
In common law, property is divided into: 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 (immovable property) - interests in land and improvements thereto
- personal property - interests in anything other than real property
Personal property in turn is 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, trademarks). The factual accuracy of this article is disputed. ...
Immovable Property is: Immovable object, real estate, item of property. ...
Personal property is a type of property. ...
// An automobile is a wheeled vehicle that carries its own motor. ...
Men and women wearing suits, an example of one of the many modern forms of clothing (from the 1937 Chicago Woolen Mills catalog) Clothing is defined, in its broadest sense, as coverings for the torso and limbs as well as coverings for the hands (gloves), feet (socks, shoes, sandals, boots...
Binomial name Aptenodytes forsteri Gray, 1844 For other uses, see Animal (disambiguation). ...
Financial instruments package financial capital in readily tradeable forms - they do not exist outside the context of the financial markets. ...
See stock (disambiguation) for other meanings of the term stock In financial terminology, stock is the capital raised by a corporation, through the issuance and sale of shares. ...
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). ...
Intellectual property (IP) refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ...
A patent is a set of exclusive rights granted by a state to a person 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 is new, inventive, and...
Copyright symbol. ...
A trademark (Commonwealth English: trade mark) is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ...
What can be property? The two major justifictions of 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.[3] 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.[4] One's body is one's property by either standard. Broadly, homesteading is a lifestyle of agrarian self-sufficiency. ...
John Locke (August 29, 1632 – October 28, 1704) was an influential English philosopher and social contract theorist. ...
Benjamin Tucker (April 17, 1854 – June 22, 1939) was the leading proponent of American individualist anarchism in the 19th century. ...
A telos (from the Greek word for end, purpose or goal) is an end or purpose, in a fairly constrained sense used by philosophers such as Aristotle. ...
Intellectual property (IP) refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ...
Propertarians advocate the individual/group private ownership of de jure, 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 derived from the Greek αναÏχία (without archons (ruler, chief, king)). Anarchism as a political philosophy, is the belief that rulers, governments, and hierarchal social relationships are unnecessary and should be abolished, although there are differing interpretations of what this means. ...
Intellectual property (IP) refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ...
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...
The tragedy of the commons is a phrase used to refer to a class of phenomena that involve a conflict for resources between individual interests and the common good. ...
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. ...
The tragedy of the commons is a phrase used to refer to a class of phenomena that involve a conflict for resources between individual interests and the common good. ...
Things today which do not have owners include: ideas (except for intellectual property), seawater (except for pollution laws), parts of the seafloor (see United Nations Convention on the Law of the Sea for restrictions), 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. An idea (Greek: ιδÎα) is a specific concept which arises in the mind as a result of thought. ...
Intellectual property (IP) refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ...
Sea water is water from a sea or 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 ??? at ??? Entered into force November 16, 1994[1] Conditions for entry into force 60 ratifications Parties 149[2] The term United Nations Convention on Law of the Sea (UNCLOS, also called simply the Law of the Sea or...
The living human body is, in most modern societies, considered something which cannot be the property of anyone but the person whose body it is. This is in contradistinction to chattel slavery. The same view is generally taken of the human mind. This might be contrasted with thought police. It also presents theoretical problems for societies that aim to abolish all property (if you do not own your own body, then what rights do you have?). Human anatomy or anthropotomy is a special field within anatomy. ...
Person, in the classic sense, refers to a living human being. ...
With regard to living things, a body is the integral physical material of an individual, and contrasts with soul, personality and behavior. ...
Slavery is a condition in which one person, known as a slave, is under the control of another. ...
The term thought police was first coined by novelist George Orwell, in his dystopic novel Nineteen Eighty-Four (1949), to describe the phenomenon of surveilling and policing impure or politically incorrect thoughts. ...
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. Roman law is the legal system of ancient Rome. ...
The Akshardham Hindu temple, Delhi, India The word temple has different meanings in the fields of architecture, religion, geography, anatomy, and education. ...
Michelangelos depiction of God in the painting Creation of the Sun and Moon in the Sistine Chapel This article discusses the term God in the context of monotheism and henotheism. ...
Pluralism is, in the general sense, the affirmation and acceptance of diversity. ...
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. Intellectual property (IP) refers to a legal entitlement which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. ...
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 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 is an administrative approach used to reduce the cost of pollution control by providing economic incentives for achieving emissions reductions. ...
Who can be an owner? In some societies only adult men may own property. In other societies (such as the Haudenosaunee), property is matrilinear and passed on from mother to daughter. Legal fictions, such as corporations, trusts, religions (or their gods), and nations (or governments) own property in various societies past and present. The Haudenosaunee is the traditional leadership of the Iroquois Confederacy, comprised of the six Native American nations of the Seneca, Cayuga, Onondaga, Oneida, Mohawk and Tuscarora. ...
Matrilineality is a system in which one belongs to ones mothers lineage; it may also involve the inheritance of property or titles through the female line. ...
In the common law, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ...
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...
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 derived from the Greek αναÏχία (without archons (ruler, chief, king)). Anarchism as a political philosophy, is the belief that rulers, governments, and hierarchal social relationships are unnecessary and should be abolished, although there are differing interpretations of what this means. ...
Capitalism is commonly understood to mean an economic or socioeconomic system in which the means of production are predominantly privately owned and operated for profit, often through the employment of labour. ...
This article is about communism as a form of society and as a political movement. ...
Compulsive hoarding (or pathological hoarding) is a term which is used to describe extreme hoarding behaviour in humans. ...
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. ...
Immovable Property is: Immovable object, real estate, item of property. ...
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. ...
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. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
The labor theory of property holds that property originally comes about by the exertion of labor upon natural resources. ...
Socialism is a social and economic system (or the political philosophy advocating such a system) in which the economic means of production are controlled by the people. ...
Sovereignty is the exclusive right to exercise supreme political (legislative, judicial and/or executive) authority over a geographic region, group of people or oneself. ...
Property taking (legal) Allegorical personification of Charity as a mother with three infants by Anthony van Dyck Charity is a term that refers to giving. ...
The Essenes (es-eenz) were followers of a religious way of living in Judaism that flourished from the 2nd century BC to the 1st century AD. Many scholars today argue that there were a number of separate but related groups that had in common mystic, eschatological, messianic, and ascetic beliefs...
Look up Gift in Wiktionary, the free dictionary This page is about gifts in the common English-language sense. ...
Kibbutz Dan, near Qiryat Shemona, in the Upper Galilee, 1990s A kibbutz (Hebrew: קיבוץ; plural: kibbutzim: קיבוצי×, gathering or together) is an Israeli collective community. ...
Monasticism (from Greek: monachos—a solitary person) is the religious practice of renouncing all worldly pursuits in order to fully devote ones life to spiritual work. ...
A tithe (from Old English teogotha tenth) is a one-tenth part of something, paid as a voluntary contribution or as a tax or levy, usually to support a Jewish or Christian religious organization. ...
Zakât (or Zakaat or Zakah) (English:tax, alms, tithe) (Arabic: زكاة, Old (Quran) Arabic: زكوة) is the third of the Five Pillars of Islam in Sunni Islam and one of the Branches of Religion in Shia Islam. ...
Confiscation, from the Latin confiscato join to the fiscus, i. ...
Eminent domain (US), compulsory purchase (United Kingdom, New Zealand), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the lawful power of the state to expropriate private property without the owners consent, either for its own use or on behalf of a third party. ...
A fine is money paid as a financial punishment for the commission of minor crimes or as the settlement of a claim. ...
A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. ...
I love this law whereby police, 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 (also known as a duty) is a charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (e. ...
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 teogotha tenth) is a one-tenth part of something, paid as a voluntary contribution or as a tax or levy, usually to support a Jewish or Christian religious organization. ...
Zakât (or Zakaat or Zakah) (English:tax, alms, tithe) (Arabic: زكاة, Old (Quran) Arabic: زكوة) is the third of the Five Pillars of Islam in Sunni Islam and one of the Branches of Religion in Shia Islam. ...
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. ...
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