Original appropriation

Appropriation is a process by which previously unowned natural resources, particularly land, become the property of a person or group of persons. The term is widely used in economics in this sense. In certain cases, it proceeds under very specifically defined forms, such as driving stakes or other such markers into the land claimed, which form gave rise to the term “staking a claim.” "Squatter’s rights" are another form of appropriation, but are usually asserted against land to which ownership rights of another party have been recognized. In legal regimes recognizing such acquisition of property, the ownership of duly appropriated holdings enjoys such protections as the law provides for ownership of property in general.

Under some systems using this method of acquiring ownership of land, it is permitted to employ violence in defending the duly appropriated holding against encroachment against the ownership or usage claims, again usually according to specifically defined forms including warnings to the encroaching party, exhaustion or unavailability of duly constituted law-enforcement resources, etc..

Libertarian and other property-rights-oriented ideologies define appropriation as requiring the “mixing” of the would-be owner’s labor with the land claimed.[1] A prime example of such mixing is farming, although various extractive activities such as mining, and the grazing of herds are often recognized. Personal, physical residence is often recognized after some minimum documented continuous period of time, as is built structures on the land whose ownership has not previously been recognized by the authority whose recognition is sought.

Appropriation through use can apply to resources other than the exclusive right to use of the surface of the land. As mentioned, mineral rights are recognized under various conditions, as are riparian rights. Appropriation can apply to inland waters within a certain distance of appropriated land, and even to the liquid water in a reservoir, lake, or stream. Appropriation has been applied under common law to resources as disparate as radio broadcast frequencies and Internet Web site names, but many such claims have been overturned through legislated arrangements mandating other standards for the assignment of ownership rights in such things.

Appropriation as a means of acquiring property is related to the schools of thought that call for ongoing use as a condition of continued ownership, as is the case in some regimes with trademarks, but it applies to initial ownership.

See also

References

  1. ^ Rothbard, Murray N.: Man, Economy and State with Power and Market, page 169. Ludwig von Mises Institute, 2004
Anarcho-capitalism

Anarcho-capitalism is a political philosophy and school of anarchist thought that advocates the elimination of centralized state dictum in favor of self-ownership, private property and free markets. Anarcho-capitalists hold that in the absence of statute (law by arbitrary autocratic decrees, or bureaucratic legislation swayed by transitory political special interest groups), society tends to contractually self-regulate and civilize through the spontaneous and organic discipline of the free market (in what its proponents describe as a "voluntary society").In an anarcho-capitalist society, law enforcement, courts and all other security services would be operated by privately funded competitors selected by consumers rather than centrally through confiscatory taxation. Money, along with all other goods and services, would be privately and competitively provided in an open market. Personal and economic activities under anarcho-capitalism would therefore be regulated by victim-based dispute resolution organizations under tort and contract law, rather than by statute through centrally determined punishment under political monopolies, which tend to become corrupt in proportion to their monopolization. Business regulations, such as corporate standards, public relations, product labels, rules for consumer protection, ethics, and labor relations would be regulated voluntarily via the use of competitive trade associations, professional societies, and standards bodies; this would, in theory, establish market-recourse for businesses' decisions and allow the market to communicate effectively with businesses by the use of consumer unions, instead of centralized regulatory mandates for companies imposed by the state, which anarcho-capitalists and other libertarians argue is inefficient due to regulatory capture.Various theorists have espoused legal philosophies similar to anarcho-capitalism. However, the first person to use the term was Murray Rothbard who, in the mid-20th century, synthesized elements from the Austrian School of economics, classical liberalism and 19th-century American individualist anarchists Lysander Spooner and Benjamin Tucker (while rejecting their labor theory of value and the norms they derived from it). A Rothbardian anarcho-capitalist society would operate under a mutually agreed-upon libertarian "legal code which would be generally accepted, and which the courts would pledge themselves to follow". This pact would recognize self-ownership, property, contracts, and tort law, in keeping with the universal non-aggression principle (NAP).

Anarcho-capitalists are distinguished from minarchists, who advocate a small Jeffersonian night-watchman state limited to protecting individuals and their properties from foreign and domestic aggression; and from other anarchists who seek to prohibit or regulate the accumulation of private property and the flow of capital.

Appropriation

Appropriation may refer to:

Appropriation (art)

Appropriation (law) as a component of government spending

Appropriation of knowledgeAppropriation (sociology) in relation to the spread of knowledgeAppropriation (ecclesiastical) of the income of a benefice

Cultural appropriation, the borrowing of an element of cultural expression of one group by another

Reappropriation, the use with a sense of pride (of a negative word or object) by a member of the offended group

Original appropriation origination of human ownership of previously unowned natural resources such as landOther terms include:

The personality rights tort of appropriation, one form of invasion of privacy

Appropriation (By Any Other Name), by The Long Blondes (2005)

Argumentation ethics

Argumentation ethics is a proposed proof of the libertarian principle of self-ownership developed in 1988 by Hans-Hermann Hoppe, a Professor Emeritus with the University of Nevada, Las Vegas College of Business and Ludwig von Mises Institute Senior Fellow. Responses have mainly come from Hoppe's colleagues at the Mises Institute, among whom the argument's reception has been mixed.Argumentation ethics aims to prove that arguing against self-ownership is logically incoherent. Hoppe states that if argumentation praxeologically presupposes the norm that both the speaker and the listener are allowed to exercise exclusive control over their respective physical bodies in order to settle a disagreement or resolve a conflict over scarce resources, then it follows that propositions propounded during such argumentation cannot contradict this norm without falling into a (dialectical) performative contradiction between one's actions and words. Thus Hoppe concludes that despite aggressive behaviour being possible, it can not be argumentatively justified.

Craighill Channel Lower Range Rear Light

The Craighill Channel Lower Range Rear Light is one of a pair of range lights that marks the first section of the shipping channel into Baltimore harbor. It is the tallest lighthouse in Maryland.

Diamond Shoal Light

Diamond Shoal Light is an inactive offshore lighthouse marking Diamond Shoals off Cape Hatteras.

Drum Point Light

Drum Point Light is one of three surviving Chesapeake Bay screw-pile lighthouses. Originally located off Drum Point at the mouth of the Patuxent River, it is now an exhibit at the Calvert Marine Museum.

Fort Meade (South Dakota)

Fort Meade was established in 1878 as a cavalry fort to protect the new settlements in the northern Black Hills, especially the nearby gold mining area around Deadwood. Several stage and freighting routes passed through Fort Meade en route to Deadwood.

For most of the past 120 years, there has been some military presence at Fort Meade, near Sturgis, South Dakota. Many cavalry and infantry units were stationed here, including the 7th U.S. Cavalry after the Battle of the Little Bighorn, the Buffalo Soldiers of the Twenty-fifth Infantry, and the 4th U.S. Cavalry which saw the transition from horses to mechanization. Fort Meade still serves as a training site for the South Dakota National Guard and an Army National Guard Officer Candidate School. It is also home of Fort Meade National Cemetery.

Homestead principle

The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it to produce a product), joining it with previously acquired property or by marking it as owned (as with livestock branding). Proponents of intellectual property hold that ideas can also be homesteaded by originally creating a virtual or tangible representation of them. Others however argue that since tangible manifestations of a single idea will be present in many places, including within the minds of people, this precludes their being owned in most or all cases. Homesteading is one of the foundations of Rothbardian anarcho-capitalism.

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".

List of liberal theorists

Individual contributors to classical liberalism and political liberalism are associated with philosophers of the Enlightenment. Liberalism as a specifically named ideology begins in the late 18th century as a movement towards self-government and away from aristocracy. It included the ideas of self-determination, the primacy of the individual and the nation, as opposed to the state and religion, as being the fundamental units of law, politics and economy.

Since then liberalism has broadened to include a wide range of approaches from Americans Ronald Dworkin, Richard Rorty, John Rawls and Francis Fukuyama as well as the Indian Amartya Sen and the Peruvian Hernando de Soto. Some of these people moved away from liberalism, while others espoused other ideologies before turning to liberalism. There are many different views of what constitutes liberalism, and some liberals would feel that some of the people on this list were not true liberals. It is intended to be suggestive rather than exhaustive. Theorists whose ideas were mainly typical for one country should be listed in that country's section of liberalism worldwide. Generally only thinkers are listed, politicians are only listed when they, beside their active political work, also made substantial contributions to liberal theory.

North Carolina Museum of Art

The North Carolina Museum of Art (NCMA) is an art museum in Raleigh, North Carolina. It opened in 1956 as the first major museum collection in the country to be formed by state legislation and funding. Since the initial 1947 appropriation that established its collection, the Museum has continued to be a model of enlightened public policy with free admission to the permanent collection. Today, it encompasses a collection that spans more than 5,000 years of artistic work from antiquity to the present, an amphitheater for outdoor performances, and a variety of celebrated exhibitions and public programs. The Museum features over 40 galleries as well as more than a dozen major works of art in the nation's largest museum park with 164-acres (0.66 km2). One of the leading art museums in the American South, the NCMA recently completed a major expansion winning international acclaim for innovative approaches to energy-efficient design.

Parque Urbano Dora Colón Clavell

The Parque Urbano Dora Colón Clavell (English: Dora Colón Clavell Urban Park) is a passive park in Ponce, Puerto Rico. The park is named after the mother of ex-governor of Puerto Rico and Ponce native, Rafael Hernández Colón.

Prior-appropriation water rights

Prior appropriation water rights is the legal doctrine that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use that quantity of water for that purpose.

Subsequent users can take the remaining water for their own beneficial use if they do not impinge on the rights of previous users.

The doctrine developed in the Western United States and is different from riparian water rights, which are applied in the rest of the United States. Water is very scarce in the West and so must be allocated sparingly, based on the productivity of its use. The right is also allotted to those who are "first in time of use."

Reedy Island Range Rear Light

Reedy Island Range Rear Lighthouse is a skeletal tower lighthouse near Taylor's Bridge, Delaware. The tower is an active aid to navigation.

The Jealous Wife

The Jealous Wife is a 1761 British play by George Colman the Elder. A comedy, it was first performed at the Drury Lane Theatre on 12 February 1761 and ran for 19 performances in its first season and 70 by the end of the century. It was translated into French and German.Colman was indebted to Henry Fielding's novel Tom Jones as an inspiration for several characters and incidents and is an early example of a dramatisation of a popular novel. An Advertisement preceding The Jealous Wife in Colman's Dramatick Works of 1777 reveals that he also developed ideas for the play from The Spectator, The Connoisseur and The Adelphi of Terrance. David Garrick helped Colman to work on the draft and cut down its length.

United States Botanic Garden

The United States Botanic Garden (USBG) is a botanic garden on the grounds of the United States Capitol in Washington, D.C., near Garfield Circle. The U.S. Botanic Garden is supervised by the Congress through the Architect of the Capitol, who is responsible for maintaining the grounds of the United States Capitol. The USBG is open every day of the year, including federal holidays. It is the oldest continually operating botanic garden in the United States.

United States Courthouse (Davenport)

The United States Courthouse, Davenport, Iowa is a historic post office and courthouse building located in Davenport in Scott County, Iowa. It is a courthouse for the United States District Court for the Southern District of Iowa.

Water in California

California's interconnected water system serves over 30 million people and irrigates over 5,680,000 acres (2,300,000 ha) of farmland. As the world's largest, most productive, and most controversial water system, it manages over 40 million acre feet (49 km3) of water per year.Water and water rights are among the state's divisive political issues. Due to the lack of reliable dry season rainfall, water is limited in the most populous U.S. state. An ongoing debate is whether the state should increase the redistribution of water to its large agricultural and urban sectors, or increase conservation and preserve the natural ecosystems of the water sources.

Water right

Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each.

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