Property and Ownership Stanford Encyclopedia of Philosophy

Communal property systems describe ownership as belonging to the entire social and political unit. One is the relatively rare first possession theory of property, where ownership of something is seen as justified simply by someone seizing something before someone else does. Perhaps one of the most popular is the natural rights definition of property rights as advanced by John Locke. Locke advanced the theory that God granted dominion over nature to man through Adam in the book of Genesis.

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  • In common law, real property is the combination of interests in land and improvements thereto, and personal property is interest in movable property.

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As a result, the conventional conception of what constitutes property expanded beyond land to encompass scarce goods. In France, the revolution of the 1790s had led to large-scale confiscation of land formerly owned by the church and king. The restoration of the monarchy led to claims by those dispossessed to have their former lands returned. In contrast, one might think to his polemical works on religion and his empiricism-driven skeptical epistemology, Hume’s views on law and property were quite conservative. Urukagina, the king of the Sumerian city-state Lagash, established the first laws that forbade compelling the sale of property. —Harold Demsetz , “Toward a Theory of property Rights”, The American Economic Review 57, p. 347.

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