Difference between revisions of "What Is Property?"
From Critiques Of Libertarianism
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Every thief in the world wishes life was that simple: take somebody's stuff and PRESTO it is your property. | Every thief in the world wishes life was that simple: take somebody's stuff and PRESTO it is your property. | ||
| − | Possession is a factual state of exercising control over an object, whether owning the object or not. If an individual picks up an object, makes something or homesteads some land, there is mere possession (physical control), often called holding. There is no reason anybody else can't take that posession, either peacefully (picking up an object left alone) or violently (threatening or physically overpowering the former posessor) or illegally and make it their own possession. In addition, it is VERY common for people to be in possession of the property of others. For example, I possess a tool that I borrow, but I do not own it. | + | Possession (AKA holding) is a factual state of exercising control over an object, whether owning the object or not. If an individual picks up an object, makes something or homesteads some land, there is mere possession (physical control), often called holding. There is no reason anybody else can't take that posession, either peacefully (picking up an object left alone) or violently (threatening or physically overpowering the former posessor) or illegally and make it their own possession. In addition, it is VERY common for people to be in possession of the property of others. For example, I possess a tool that I borrow, but I do not own it. |
So claims and possession are not enough to establish property. | So claims and possession are not enough to establish property. | ||
| − | + | Possession is considered in the legal community to be only one of [[#What_are_the_component_rights_of_property.3F|a bundle of many rights that comprise property, and an optional one at that]]. You need more than just possession to have property. | |
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| + | Possession is [[What Is Liberty?|arguably a liberty]] (which could be freely interfered with by others), while property mostly consists of rights (where others have a duty not to interfere.) | ||
There are "natural" rules to possession as well. Here is an incomplete list: | There are "natural" rules to possession as well. Here is an incomplete list: | ||
| − | # You can acquire possession of something by finding it, by taking it from somebody, or if it is uncontested. | + | # You can acquire possession of something by finding it, by taking it from somebody, if it is given, or if it is uncontested. |
# You keep what you possess if you can defend it. | # You keep what you possess if you can defend it. | ||
# Stronger parties get to take your possession and make it their own. | # Stronger parties get to take your possession and make it their own. | ||
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==Isn't there a Natural Right to own property?== | ==Isn't there a Natural Right to own property?== | ||
| − | Natural rights are exactly as knowable as invisible pink unicorns: anybody can fantasize them any way they want. During the Enlightenment, when liberalism was invented, liberal natural rights were a propaganda tool used to undermine the equally fictitious natural rights of kings. But even among liberals there was no agreement about whether slaveholding was a natural right or not, because natural rights are really just | + | Natural rights are exactly as knowable as invisible pink unicorns: anybody can fantasize them any way they want. During the Enlightenment, when liberalism was invented, liberal natural rights were a propaganda tool used to undermine the equally fictitious natural rights of kings. But even among liberals there was no agreement about whether slaveholding was a natural right or not, because natural rights are really just bullshit claims. Bentham famously dismissed the idea of natural rights as "[[Anarchical Fallacies|nonsense on stilts]]". Unfortunately, most libertarians (including Nozick) start with this philosophical abomination rather than more factual alternatives. |
For more on natural rights, see: [[Natural Rights]] | For more on natural rights, see: [[Natural Rights]] | ||
