Posted by Bob Allen-Turl on January 24, 1999 at 18:06:51:

I am struggling with a paper for the ‘Law Concepts’ module on my degree. Having read your web page article I am hoping you can help me.

C. B. MacPherson in ‘Property: Mainstream and Critical Positions’ (1978) says that the meaning of property is not constant. The actual institution and the way people see it, and hence the meaning given to the word, all change over time. The changes relate to changes in the purpose which society or the dominant cles in society expect the institution of private property to serve. With this in mind I am trying to resolve the following questions:

1. Joseph Locke, in his ‘Two Treatises on Civil Government’ (1690) argues that it is God and not the sovereign that grants private property. How can private property rights exist before any system of State or Sovereign?

2. Bentham’s theory of private property in ‘Principles of Civil Code’ (1830) is often said to be influenced by the social and economic climate at the time of his writing. Can we agree when Bentham does not necessarily tell us how one becomes an owner but seems to be justifying private property from the wider perspective of the social and economic functions of private ownership?

3. Reich in his thesis on ‘New Property’ (1960) suggests extending private property to a wider range of resources than have traditionally been regarded as private property. What are these resources and do you think such extensions are justified?

Appreciate your help on this and any other sites you can point me to.

Kind regards,

Bob Allen-Turl
Sapcote,
England

Follow Ups:

• Re: Property Rights Brian Layfield 22:45:31 12/02/99 (3)
  • Re: Property Rights randy morra 22:45:54 6/07/104 (0)
  • Re: Property Rights randy morra 22:38:51 6/07/104 (0)
  • Re: Property Rights randy morra 22:38:28 6/07/104 (0)
• John Locke and Property Helen Grundy 13:06:42 11/17/99 (19)
  • Re: John Locke and Property Charles Ondoa 08:58:37 2/11/104 (0)
  • Re: John Locke and Property Grainnne McKenna 11:41:30 12/15/100 (1)
    • Re: John Locke and Property nahren bisseh 02:21:03 4/14/104 (0)
  • Re: John Locke and Property martin pio walsh 10:03:29 4/17/100 (3)
    • Re: John Locke and Property benja 04:03:06 8/15/100 (1)
      • Re: John Locke benja 04:10:22 8/15/100 (0)
    • Re: John Locke and Property martin pio walsh 10:04:15 4/17/100 (0)
  • Re: John Locke and Property Brian Layfield 22:37:23 12/02/99 (9)
    • Re: John Locke and Human Rights Christine 22:54:36 9/27/100 (6)
      • Re: John Locke and Human Rights OBATRE ALEX LUMUMBA 05:59:43 12/18/100 (0)
      • Re: John Locke, Natural Right and Human Rights Joan Brooks 13:15:11 10/12/100 (4)
        • Re: John Locke, Natural Right and Human Rights Jenelle Lewis 10:54:12 2/19/104 (0)
        • Re: John Locke, Natural Right and Human Rights Jenelle Lewis 10:53:09 2/19/104 (0)
        • Re: John Locke, Natural Right and Human Rights OBATRE ALEX LUMUMBA 06:08:52 12/18/100 (0)
        • Re: John Locke, Natural Right and Human Rights vidya 22:15:12 11/05/100 (0)
    • Re: John Locke and Human Rights Christine 22:54:25 9/27/100 (6)
      • Re: John Locke and Human Rights OBATRE ALEX LUMUMBA 05:59:43 12/18/100 (0)
      • Re: John Locke, Natural Right and Human Rights Joan Brooks 13:15:11 10/12/100 (4)
        • Re: John Locke, Natural Right and Human Rights Jenelle Lewis 10:54:12 2/19/104 (0)
        • Re: John Locke, Natural Right and Human Rights Jenelle Lewis 10:53:09 2/19/104 (0)
        • Re: John Locke, Natural Right and Human Rights OBATRE ALEX LUMUMBA 06:08:52 12/18/100 (0)
        • Re: John Locke, Natural Right and Human Rights vidya 22:15:12 11/05/100 (0)
    • Re: John Locke and Human Rights Christine 22:53:11 9/27/100 (0)

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