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Property is usually thought of as being defined and protected by the local sovereignty. Ownership, however, does not necessarily equate with sovereignty. If ownership gave supreme authority, it would be sovereignty, not ownership. These are two different concepts.
''Public property'' is any property that is controlled by a state or by a whole community. ''Private property'' is any property that is not public property. Private property may be under the control of a single person or by a group of persons jointly.
Property rights are protected in the current laws of most states, usually in their constitution or in a bill of rights. Protection is also prescribed in the United Nations' Universal Declaration of Human Rights, Article 17, and in the European Convention on Human Rights (ECHR), Protocol 1.
Traditional principles of property rights include: # control of the use of the property # the right to any benefit from the property (examples: mining rights and rent) # a right to transfer or sell the property # a right to exclude others from the property.
Traditional property rights do not include: # uses that unreasonably interfere with the property rights of another private party (the right of quiet enjoyment) [See Nuisance] # uses that unreasonably interfere with public property rights, including uses that interfere with public health, safety, peace or convenience. [See Public Nuisance, Police Power]
Not every person or entity with an interest in a given piece of property may be able to exercise all possible property rights. For example, as a lessee of a particular piece of property, you may not sell the property, because a tenant is only in possession and does not have title to transfer. Similarly, while you are a lessee, the owner cannot use their right to exclude to keep you from the property, or, if they do, you may be entitled to stop paying rent or sue for access.
Further, property may be held in a number of forms, such as through joint ownership, community property, sole ownership or lease. These different types of ownership may complicate an owner's ability to exercise property rights unilaterally. For example, if two people own a single piece of land as joint tenants then, depending on the law in the jurisdiction, each may have limited recourse for the actions of the other. For example, one of the owners might sell their interest in the property to a stranger whom the other owner does not particularly like.
Legal systems have evolved to cover transactions and disputes that arise over the possession, use, transfer, and disposal of property, most particularly involving contracts. Positive law defines such rights, and the judiciary is used to adjudicate and to enforce property rights.
According to Adam Smith, the expectation of profit from "improving one's stock of capital" rests on private property rights. It is an assumption central to capitalism that property rights encourage their holders to develop the property, generate wealth, and efficiently allocate resources based on the operation of markets. From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living.
In his text ''The Common Law'', Oliver Wendell Holmes describes property as having two fundamental aspects. The first is possession, which can be defined as control over a resource based on the practical inability of another to contradict the ends of the possessor. The second is title, which is the expectation that others will recognize rights to control resource, even when it is not in possession. He elaborates the differences between these two concepts, and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church.
: Most thinkers from these traditions subscribe to the labor theory of property. They hold that you own your own life, and it follows that you must own the products of that life, and that those products can be traded in free exchange with others.
:: "Every man has a property in his own person. This nobody has a right to, but himself." (John Locke, ''Second Treatise on Civil Government'')
:: "The reason why men enter into society is the preservation of their property." (John Locke, ''Second Treatise on Civil Government'')
:: "Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." (Frédéric Bastiat, ''The Law'')
Both communism and some kinds of socialism have also upheld the notion that private ownership of capital is inherently illegitimate. This argument centers mainly on the idea that private ownership of capital always benefits one class over another, giving rise to domination through the use of this privately owned capital. Communists are not opposed to personal property that is "hard-won, self-acquired, self-earned" (Communist Manifesto) by members of the proletariat. Both socialism and communism are careful to make the distinction between private ownership of capital (land, factories, resources, etc...) and private property (homes, material objects, and so forth).
From the RERUM NOVARUM, Pope Leo XIII wrote "It is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and thereafter to hold it as his very own."
Anthropology studies the diverse systems of ownership, rights of use and transfer, and possession under the term "theories of property." Western legal theory is based, as mentioned, on the owner of property being a legal person. However, not all property systems are founded on this basis.
In every culture studied ownership and possession are the subject of custom and regulation, and "law" where the term can meaningfully be applied. Many tribal cultures balance individual ownership with the laws of collective groups: tribes, families, associations and nations. For example the 1839 Cherokee Constitution frames the issue in these terms:
Communal property systems describe ownership as belonging to the entire social and political unit. Such arrangements can under certain conditions erode to open access resources. This development has been critiqued by the tragedy of the commons.
Corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual. The Roman property law was based on such a corporate system.
Different societies may have different theories of property for differing types of ownership. Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such, but instead may be framed in negative terms: for example the taboo system among Polynesian peoples.
The Ten Commandments shown in Exodus 20:2-17 and Deuteronomy 5:6-21 stated that the Israelites were not to steal, a blanket early protection of private property.
Aristotle, in ''Politics,'' advocates "private property" He argues that self-interest leads to neglect of the commons. "[T]hat which is common to the greatest number has the least care bestowed upon it. Every one thinks chiefly of his own, hardly at all of the common interest; and only when he is himself concerned as an individual."
In addition he says that when property is common, there are natural problems that arise due to differences in labor: "If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed there is always a difficulty in men living together and having all human relations in common, but especially in their having common property." (''Politics, 1261b34'')
In later years, the ranks of Harrington's admirers included American revolutionary and founder John Adams.
"To this end" he wrote, meaning the end of their own long life and peace, "it is that men give up all their natural power to the society they enter into, and the community put the legislative power into such hands as they think fit, with this trust, that they shall be governed by declared laws, or else their peace, quiet, and property will still be at the same uncertainty as it was in the state of nature." Even when it keeps to proper legislative form, though, Locke held that there are limits to what a government established by such a contract might rightly do.
"It cannot be supposed that [the hypothetical contractors] they should intend, had they a power so to do, to give any one or more an absolute arbitrary power over their persons and estates, and put a force into the magistrate's hand to execute his unlimited will arbitrarily upon them; this were to put themselves into a worse condition than the state of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man or many in combination. Whereas by supposing they have given up themselves to the absolute arbitrary power and will of a legislator, they have disarmed themselves, and armed him to make a prey of them when he pleases..."
Note that both "persons ''and'' estates" are to be protected from the arbitrary power of any magistrate, inclusive of the "power and will of a legislator." In Lockean terms, depredations against an estate are just as plausible a justification for resistance and revolution as are those against persons. In neither case are subjects required to allow themselves to become prey.
To explain the ownership of property Locke advanced a labor theory of property.
How should such tyranny be prevented or resisted? Through property rights, Blackstone thought, which is why he emphasized that indemnification must be awarded a non-consenting owner whose property is taken by eminent domain, and that a property owner is protected against physical invasion of his property by the laws of trespass and nuisance. Indeed, he wrote that a landowner is free to kill any stranger on his property between dusk and dawn, even an agent of the King, since it isn't reasonable to expect him to recognize the King's agents in the dark.
In contrast, one might think, to his outrage-generating works on religion and his skeptical views in epistemology, Hume's views on law and property were quite conservative.
He did not believe in hypothetical contracts, or in the love of mankind in general, and sought to ground politics upon actual human beings as one knows them. "In general," he wrote, "it may be affirmed that there is no such passion in human mind, as the love of mankind, merely as such, independent of personal qualities, or services, or of relation to ourselves." Existing customs should not lightly be disregarded, because they have come to be what they are as a result of human nature. With this endorsement of custom comes an endorsement of existing governments, because he conceived of the two as complementary: "A regard for liberty, though a laudable passion, ought commonly to be subordinate to a reverence for established government."
These views led to a view on property rights that might today be described as legal positivism. There are property rights because of and to the extent that the existing law, supported by social customs, secure them. He offered some practical home-spun advice on the general subject, though, as when he referred to avarice as "the spur of industry," and expressed concern about excessive levels of taxation, which "destroy industry, by engendering despair."
By the mid 19th century, the industrial revolution had transformed England and had begun in France. The established conception of what constitutes property expanded beyond land to encompass scarce goods in general. In France, the revolution of the 1790s had led to large-scale confiscation of land formerly owned by church and king. The restoration of the monarchy led to claims by those dispossessed to have their former lands returned. Furthermore, the labor theory of value popularized by classical economists such as Adam Smith and David Ricardo were utilized by a new ideology called socialism to critique the relations of property to other economic issues, such as profit, rent, interest, and wage-labor. Thus, property was no longer an esoteric philosophical question, but a political issue of substantial concern.
Comte, as Proudhon later did, rejected Roman legal tradition with its toleration of slavery. He posited a communal "national" property consisting of non-scarce goods, such as land in ancient hunter-gatherer societies. Since agriculture was so much more efficient than hunting and gathering, private property appropriated by someone for farming left remaining hunter-gatherers with more land per person, and hence did not harm them. Thus this type of land appropriation did not violate the Lockean proviso – there was "still enough, and as good left." Comte's analysis would be used by later theorists in response to the socialist critique on property.
In his 1849 treatise ''What is Property?'', Pierre Proudhon answers with "Property is theft!" In natural resources, he sees two types of property, ''de jure'' property (legal title) and ''de facto'' property (physical possession), and argues that the former is illegitimate. Proudhon's conclusion is that "property, to be just and possible, must necessarily have equality for its condition."
His analysis of the product of labor upon natural resources as property (usufruct) is more nuanced. He asserts that land itself cannot be property, yet it should be held by individual possessors as stewards of mankind with the product of labor being the property of the producer. Proudhon reasoned that any wealth gained without labor was stolen from those who labored to create that wealth. Even a voluntary contract to surrender the product of labor to an employer was theft, according to Proudhon, since the controller of natural resources had no moral right to charge others for the use of that which he did not labor to create and therefore did not own.
Proudhon's theory of property greatly influenced the budding socialist movement, inspiring anarchist theorists such as Mikhail Bakunin who modified Proudhon's ideas, as well as antagonizing theorists like Karl Marx.
Strongly disputing Proudhon's equality-based argument, Bastiat theorizes that, as a result of technological progress and the division of labor, the stock of communal wealth increases over time; that the hours of work an unskilled laborer expends to buy e.g. 100 liters of wheat decreases over time, thus amounting to "gratis" satisfaction. Thus, private property continually destroys itself, becoming transformed into communal wealth. The increasing proportion of communal wealth to private property results in a tendency toward equality of mankind. ''"Since the human race started from the point of greatest poverty, that is, from the point where there were the most obstacles to be overcome, it is clear that all that has been gained from one era to the next has been due to the spirit of property."''
This transformation of private property into the communal domain, Bastiat points out, does not imply that private property will ever totally disappear. This is because man, as he progresses, continually invents new and more sophisticated needs and desires.
Hernando de Soto has argued that an important characteristic of capitalist market economy is the functioning state protection of property rights in a formal property system where ownership and transactions are clearly recorded. These property rights and the whole formal system of property make possible:
Most legal systems distinguish different types (immovable property, estate in land, real estate, real property) of property, especially between land and all other forms of property—goods and chattels, movable property or personal property. They often distinguish tangible and intangible property (see below).
One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things).
In common law, real property (immovable property) is the combination of interests in land and improvements thereto, and personal property is interest in movable property.
Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases, licenses and easements.
Later, with the development of more complex forms of non-tangible property, personal property was divided into tangible property (such as cars and clothing) and intangible property (such as financial instruments, including stocks and bonds, and intellectual property, including patents, copyrights, and trademarks).
From some anarchist points of view, the validity of property depends on whether the "property right" requires enforcement by the state. Different forms of "property" require different amounts of enforcement: intellectual property requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little, while ownership of one's own body requires absolutely no state intervention.
Many things have existed that did not have an owner, sometimes called the commons. The term "commons," however, is also often used to mean something quite different: "general collective ownership" - i.e. common ownership. Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access (public property). Law in all societies has tended to develop towards reducing the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources, due to the tragedy of the commons, while critics argue that it leads to the 'exploitation' of those resources for personal gain and that it hinders taking advantage of potential network effects. These arguments have differing validity for different types of "property"—things that are not scarce are, for instance, not subject to the tragedy of the commons. Some apparent critics advocate general collective ownership rather than ownerlessness.
Things that do not have owners include: ideas (except for intellectual property), seawater (which is, however, protected by anti-pollution laws), parts of the seafloor (see the United Nations Convention on the Law of the Sea for restrictions), gases in Earth's atmosphere, animals in the wild (though there may be restrictions on hunting etc. -- and in some legal systems, such as that of New York, they are actually treated as government property), celestial bodies and outer space, and land in Antarctica.
The nature of children under the age of majority is another contested issue here. In ancient societies children were generally considered the property of their parents. Children in most modern societies theoretically own their own bodies but are not considered competent to exercise their rights, and their parents or guardians are given most of the actual rights of control over them.
Questions regarding the nature of ownership of the body also come up in the issue of abortion, drugs and euthanasia.
In many ancient legal systems (e.g. early Roman law), religious sites (e.g. temples) were considered property of the God or gods they were devoted to. However, religious pluralism makes it more convenient to have religious sites owned by the religious body that runs them.
Intellectual property and air (airspace, no-fly zone, pollution laws, which can include tradeable emissions rights) can be property in some senses of the word.
In the Inca empire, the dead emperors, who were considered gods, still controlled property after death.
Property giving (legal)
Property taking (legal)
Property taking (illegal)
Property of either digital or virtual form
Property economists
Category:Economic anthropology Category:Property law
ang:Ǣht ar:ملكية خاصة br:Perc'henniezh bg:Собственост cs:Vlastnictví de:Eigentum et:Omand es:Propiedad eo:Posedo fr:Propriété ko:재산권 hi:सम्पत्ति hr:Pravo vlasništva io:Proprietajo id:Properti is:Eignarréttur it:Proprietà (diritto) he:רכוש lv:Īpašums lt:Nuosavybė hu:Tulajdonjog nl:Eigendom ja:財産権 pl:Mienie pt:Propriedade (direito) ru:Имущество scn:Pussidenti simple:Property th:ทรัพย์สิน tr:Mülkiyet hakkı uk:Майно ur:جائیداد vi:Tài sản yi:אייגנטום zh:財產權This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
The Four Corners is a region of the United States consisting of the southwestern corner of Colorado, northwestern corner of New Mexico, northeastern corner of Arizona and southeastern corner of Utah. The Four Corners area is named after the quadripoint where the boundaries of the four states meet, where the Four Corners Monument is located. The majority of the Four Corners region is part of semi-autonomous indigenous American Indian nations, the largest of which is the Navajo Nation, followed by Hopi, Ute and Zuni Indian nations. The Four Corners region is mostly rural, rugged and arid. In addition to the monument, commonly visited areas within Four Corners include Monument Valley, Mesa Verde National Park and Canyon de Chelly National Monument. The most populous city in the Four Corners region is Farmington, New Mexico, followed by Durango, Colorado.
The Four Corners is part of a high Colorado Plateau. This makes the area a center for weather systems, which stabilize on the plateau then proceed eastward through Colorado and into the central states. This weather system creates snow and rain fall over the central United States.
Protected areas in the Four Corners area include Canyon de Chelly National Monument, Hovenweep National Monument, Mesa Verde National Park and Monument Valley. Mountain Ranges in the Four Corners include Sleeping Ute Mountains, Abajo Mountains and the Chuska Mountains.
The main line of the Atchison, Topeka and Santa Fe Railway, now operated by the BNSF Railway, passes along the southern edge of Four Corners. The area is home to remnants of through railroads that are now heritage railways. These include the Durango and Silverton Narrow Gauge Railroad and the Cumbres and Toltec Scenic Railroad. The Black Mesa and Lake Powell Railroad, which connects a power plant with a coal mine near Kayenta comes near the Four Corners.
Category:Geography of the United States Category:Regions of the United States Category:Borders of Arizona Category:Borders of Colorado Category:Borders of New Mexico Category:Borders of Utah Category:Religious places of the indigenous peoples of North America Category:Geography of Apache County, Arizona Category:Geography of Montezuma County, Colorado Category:Geography of San Juan County, Utah Category:Geography of San Juan County, New Mexico
af:Four Corners (VSA) ca:Four Corners (Estats Units d'Amèrica) cs:Čtyři rohy da:Four Corners de:Four Corners es:Monumento de las Cuatro Esquinas fr:Four Corners (États-Unis) it:Four Corners he:ארבע הפינות lt:Keturių kampų valstijos hu:Négysarok régió nl:Four Corners (vierstatenpunt) ja:フォー・コーナーズ (アメリカ合衆国) no:Hjørnestatene pl:Four Corners pt:Four Corners ro:Four Corners ru:Четыре угла simple:Four Corners fi:Four Corners zh:四角落This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
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