First possession theory of property

The "first possession" theory of property holds that ownership of something is justified simply by someone seizing it before someone else does.[1] This contrasts with the labor theory of property where something may become property only by applying productive labor to it, i.e. by making something out of the materials of nature.

See also

References

  1. ^ "Property". Graham Oppy. The shorter Routledge encyclopedia of philosophy. Editor Edward Craig. Routledge, 2005, p. 858
Index of philosophy of law articles

This is an index of articles in jurisprudence.

A Failure of Capitalism

Alf Ross

American Society for Political and Legal Philosophy

Analytical jurisprudence

Anarchist law

Antinomianism

António Castanheira Neves

Archon

Argumentation theory

Aristotle

Arthur Linton Corbin

Auctoritas

Bartolomé de las Casas

Basic norm

Basileus

Biblical law

Biblical law in Christianity

Boris Furlan

Bruno Leoni

Cafeteria Christianity

Carl Joachim Friedrich

Carl Schmitt

Cautelary jurisprudence

Charles de Secondat, baron de Montesquieu

Compact theory

Constitutionalism

Conventionalism

Corelative

Costas Douzinas

Critical legal studies

Critical race theory

Czesław Znamierowski

Daniel N. Robinson

Decisionism

Declaration of Delhi

Declarationism

Dignitas (Roman concept)

Director primacy

Discourse ethics

Divine command theory

Dualism (law)

Duncan Kennedy (legal philosopher)

Earth jurisprudence

Emerich de Vattel

Ernesto Garzón Valdés

Ethical arguments regarding torture

Expounding of the Law

Eye for an eye

Felix Kaufmann

Feminist legal theory

First possession theory of property

Francesco D'Andrea

François Hotman

Freedom of contract

Friedrich von Hayek

Fritz Berolzheimer

Geojurisprudence

Georg Wilhelm Friedrich Hegel

George Buchanan

German Historical School

Giorgio Del Vecchio

Global Justice or Global Revenge?

Gottfried Leibniz

Gray Dorsey

H. L. A. Hart

Habeas corpus

Hans Kelsen

Hans Köchler

Hart–Dworkin debate

Hart–Fuller debate

Herman Oliphant

Homo sacer

Hozumi Nobushige

Hugo Grotius

Immanuel Kant

Imperium

Indeterminacy debate in legal theory

International Association for Philosophy of Law and Social Philosophy

International legal theory

Interpretivism (legal)

Interregnum

Jean-Étienne-Marie Portalis

Jeremy Bentham

John Austin (legal philosopher)

John Finnis

John Locke

John Macdonell (jurist)

John Rawls

Joseph H. H. Weiler

Joseph Raz

Juan de Mariana

Julius Binder

Jurisprudence

Justice

Justitium

Labor theory of property

Law and economics

Law and Gospel

Law and literature

Law as integrity

Law in action

Law of Christ

Law, Legislation and Liberty

Laws (dialogue)

Learned Hand

Legal Education and the Reproduction of Hierarchy

Legal formalism

Legal humanists

Legal moralism

Legal naturalism

Legal origins theory

Legal pluralism

Legal positivism

Legal process (jurisprudence)

Legal realism

Legal science

Legalism (Chinese philosophy)

Legalism (theology)

Legalism (Western philosophy)

Leon Petrazycki

Letter and spirit of the law

Libertarian theories of law

Lon L. Fuller

Lorenzo Peña

Manuel de Lardizábal y Uribe

Mark Wrathall

Metaconstitution

Monarchomachs

Monism and dualism in international law

Monopoly on violence

Muhammad Hamidullah

Mutual liberty

Natural-law argument

Natural justice

Natural law

Natural order (philosophy)

Naturalization

New Covenant

New legal realism

Nicolas Barnaud

Norm (philosophy)

Oliver Wendell Holmes, Jr.

Organic law

Original intent

Original meaning

Pandectists

Paternalism

Paul Johann Anselm Ritter von Feuerbach

Pauline privilege

Peter Gabel

Petrus Cunaeus

Philippe de Mornay

Philosophy of copyright

Plato

Political jurisprudence

Political naturalism

Political sociology

Polycentric law

Positive law

Positivism

Postglossator

Prediction theory of law

Principles of Islamic jurisprudence

Prohibitionism

Public policy doctrine (conflict of laws)

Purposive theory

R. Kent Greenawalt

Radomir Lukić

Rechtsstaat

Restorative justice

Retributive justice

Richard Posner

Robert Alexy

Robert P. George

Roberto Mangabeira Unger

Ronald Dworkin

Rule by decree

Rule of Faith

Rule of law

Scepticism in law

Soft law

Soft tyranny

Sovereignty

State of emergency

State of exception

Stephen Guest

Strict constructionism

Supersessionism

Textualism

The Case of the Speluncean Explorers

The Concept of Law

The Golden Rule

Theodor Sternberg

Theodore Beza

Therapeutic jurisprudence

Thomas Hobbes

Tony Honoré

Torture

Transitional justice

Translating "law" to other European languages

Underdeterminacy (law)

Unitary executive theory

Virtue jurisprudence

Wesley Alba Sturges

Wesley Newcomb Hohfeld

Wild law

Zechariah Chafee

Labor theory of property

The labor theory of property (also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, or principle of first appropriation) is a theory of natural law that holds that property originally comes about by the exertion of labor upon natural resources. The theory has been used to justify the homestead principle, which holds that one may gain whole permanent ownership of an unowned natural resource by performing an act of original appropriation.

In his Second Treatise on Government, the philosopher John Locke asked by what right an individual can claim to own one part of the world, when, according to the Bible, God gave the world to all humanity in common. He answered that persons own themselves and therefore their own labor. When a person works, that labor enters into the object. Thus, the object becomes the property of that person.

However, Locke held that one may only appropriate property in this fashion if the Lockean proviso held true, that is, "... there is enough, and as good, left in common for others".

Property

Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing. In the context of this article, it is one or more components (rather than attributes), whether physical or incorporeal, of a person's estate; or so belonging to, as in being owned by, a person or jointly a group of people or a legal entity like a corporation or even a society. Depending on the nature of the property, an owner of property has the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it (as a durable, mean or factor, or whatever), or at the very least exclusively keep it.

In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property).Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with regard to the property be clearly defined and unconditional, so as to distinguish ownership and easement from rent. The parties might expect their wills to be unanimous, or alternately every given one of them, when no opportunity for or possibility of dispute with any other of them exists, may expect his, her, its or their own will to be sufficient and absolute.

The Restatement (First) of Property defines property as anything, tangible or intangible whereby a legal relationship between persons and the state enforces a possessory interest or legal title in that thing. This mediating relationship between individual, property and state is called a property regime.In sociology and anthropology, property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. The distinction between "collective property" and "private property" is regarded as a confusion since different individuals often hold differing rights over a single object.Important widely recognized types of property include real property (the combination of land and any improvements to or on the land), personal property (physical possessions belonging to a person), private property (property owned by legal persons, business entities or individual natural persons), public property (state owned or publicly owned and available possessions) and intellectual property (exclusive rights over artistic creations, inventions, etc.), although the last is not always as widely recognized or enforced. An article of property may have physical and incorporeal parts. A title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit.

By owner
By nature
Commons
Theory
Applications
Disposession/
redistribution
Scholars
(key work)

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