Difference between revisions of "What Is Property?"
From Critiques Of Libertarianism
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According to Honoré, for full ownership in a thing to be recognised, an individual must hold most (but not necessarily all) of these elements regarding that thing. | According to Honoré, for full ownership in a thing to be recognised, an individual must hold most (but not necessarily all) of these elements regarding that thing. | ||
| − | + | ==Are there different rights for public property?== | |
| + | In Elinor Ostrom's article [[Efficiency, Sustainability, and Access Under Alternative Property-Rights Regimes", she identifies five property rights that are most relevant | ||
for the use of common-pool resources, including access, withdrawal, management, | for the use of common-pool resources, including access, withdrawal, management, | ||
exclusion, and alienation. These are defined as: | exclusion, and alienation. These are defined as: | ||
| − | + | #Access: The right to enter a defined physical area and enjoy nonsubtractive benefits (e.g., hike, canoe, sit in the sun). | |
| − | :The right to enter a defined physical area and enjoy nonsubtractive benefits (e.g., hike, canoe, sit in the sun). | + | #Withdrawal: The right to obtain resource units or products of a resource system (e.g., catch fish, divert water). |
| − | + | #Management: The right to regulate internal use patterns and transform the resource by making improvements. | |
| − | :The right to obtain resource units or products of a resource system (e.g., catch fish, divert water). | + | #Exclusion: The right to determine who will have an access right, and how that right may be transferred. |
| − | + | #Alienation: The right to sell or lease management and exclusion rights. | |
| − | :The right to regulate internal use patterns and transform the resource by making improvements. | + | |
| − | + | ||
| − | :The right to determine who will have an access right, and how that right may be transferred. | + | |
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| − | : | + | |
==Why don't we have full liberal rights?== | ==Why don't we have full liberal rights?== | ||
The property relationship enforced by society is NEVER the full liberal rights desired by libertarians because (a) society retains the [[Hohfeld’s typology of rights|Hohfeldian POWER]] to change the deal however desired and (b) some of the pre-existing rights and externalities of rights can be very expensive (c) enforcement of rights is costly: both directly due to costs of enforcement and due to the injustice of violating the Lockean Proviso of "leaving enough and as good for everyone else." | The property relationship enforced by society is NEVER the full liberal rights desired by libertarians because (a) society retains the [[Hohfeld’s typology of rights|Hohfeldian POWER]] to change the deal however desired and (b) some of the pre-existing rights and externalities of rights can be very expensive (c) enforcement of rights is costly: both directly due to costs of enforcement and due to the injustice of violating the Lockean Proviso of "leaving enough and as good for everyone else." | ||
| − | For (a), if government is paying for rights enforcement, it gets to make the rights it wants. That can include rights to enter with a warrent | + | For (a), if government is paying for rights enforcement, it gets to make the rights it wants. That can include rights to enter with a warrent and eminent domain for example. For (b), existing commonlaw rights may lead to easements and limitations due to nuisance. For (c), enforcing rights is costly, and the more perfect the enforcement the more costly. Intellectual property is enforced through private lawsuits to prevent the cost of the enforcement of those rights unless it is profitable. |
==What about self-ownership?== | ==What about self-ownership?== | ||
