Property
Chapter 13
(Rajeev Bhargava| Political Theory)
POLITICAL SCIENCE
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Property
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Table of Contents
- INTRODUCTION
- THE EXTENT AND LIMITS OF PROPERTY RIGHTS
- THE CONCEPT OF PROPERTY IN POLITICAL THEORY
- PROPERTY IN ANCIENT AND MEDIEVAL POLITICAL THOUGHT
- MODERNITY AND THE CONCEPT OF PROPERTY
- John Locke on Property
- The Utilitarian Justification of Private Property
- Karl Marx’s Critique of Private Property
- DEVELOPMENTS IN THE 20TH CENTURY: SOCIALISM, WELFARISM, LIBERTARIANISM
- Robert Nozick’s Entitlement Defence of Private Property
- GENDER AND PROPERTY RIGHTS: FEMINIST PERSPECTIVES ON THE CONCEPT OF PROPERTY
INTRODUCTION
- The meaning of the concept of property is not constant and has evolved over time according to the institution of property and the ways different societies evaluate its uses.
- In its broadest sense, property refers to exclusive ownership of a thing or objects of value.
- Practices of property differ from one society to another.
- Property can refer to things themselves, such as land, a house, or a car, but more often refers to a legal claim over things.
- Property represents a legal relation between persons with respect to specific things, whether material (e.g., land) or abstract (e.g., copyright).
- The institution of property requires legal authority to enforce it as a legitimate claim.
- An example of property is when a person owns an item (e.g., a bag) that they lose; the bag is still their property as long as they can legally claim it.
- Property is not just about possession; it involves legitimate entitlement to possess and use things.
- Property is relational and only exists in a legally organized community of people.
- Private property is one of the various forms of property and refers to ownership by an individual, family, corporation, or group, excluding others from its use, consumption, or enjoyment.
- Private property rights grant the owner exclusive power to decide what will happen to the owned thing or resource.
- Common property refers to property that is shared by many people, such as a community or village, where access and utility are not limited to one individual.
- Public or state property refers to property controlled by the state for public purposes, such as transport, railways, historical monuments, and public parks.
THE EXTENT AND LIMITS OF PROPERTY RIGHTS
- Legal recognition is necessary for the institution of property, which is acknowledged as property rights or the right of ownership.
- Property rights are not absolute; there are restrictions on the use of property.
- For example, you may not be allowed to blow the horn of your car near a hospital, even though the car is your property.
- Legal systems impose restrictions on property rights to protect the rights and freedoms of others.
- Robert Nozick (1974: 171) provides an example: ‘My property rights in my knife allow me to leave it where I will, but not in your chest.’
- The extent of ownership rights depends on their definition by a given legal system.
- Commonly recognized elements of ownership include:
- Right to possess
- Right to use
- Right to transfer
- Right to bequeath
- Right to exclude others
- Right to manage
- Right to income and capital from one’s property.