Private Property

Private Property



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Private Property
Proprietas Privata (PP) British period marker in San Martin, St. Paul's Bay , Malta
Factories and corporations are considered private property


^ McConnell, Campbell; Brue, Stanley; Flynn, Sean (2009). Economics . Boston: Twayne Publishers. p. G-22. ISBN   978-0-07-337569-4 .

^ Gregory and Stuart, Paul and Robert (February 28, 2013). The Global Economy and its Economic Systems . South-Western College Pub. p. 30. ISBN   978-1285055350 . There are three broad forms of property ownership – private, public, and collective (cooperative).

^ Friedland, William H. ; Rosberg, Carl G. (1965). African Socialism . Stanford University Press. p. 25. ISBN   978-0804702034 .

^ Hoppe, Hans-Hermann (May 20, 2002). "Rothbardian Ethics" . LewRockwell.com . Retrieved June 15, 2020 .

^ a b Bertrand Badie; Dirk Berg-Schlosser; Leonardo Morlino (2011). International Encyclopedia of Political Science . SAGE Publications, Inc. p. 2132. ISBN   978-1412959636 . Private property cannot exist without a political system that defines its existence, its use, and the conditions of its exchange. That is, private property is defined and exists only because of politics.

^ Garnsey, Peter (2007). Thinking about Property: From Antiquity to the Age of Revolution . Ideas in Context. 90 . Cambridge University Press. p. 1. ISBN   978-1139468411 . Retrieved 2018-08-28 . The defence of private property has been a feature of philosophical, theological and legal discourse from antiquity to the present day. [...] I begin with Plato's thoughts on property in the Republic [...].

^ The Meaning and Definition of "Property" in Seventeenth-Century England, 1980"

^ The Meaning and Definition of "Property" in Seventeenth-Century England , by G. E. Aylmer, 1980. Oxford University Press. Past and Present, No. 86 (Feb., 1980), pp. 87–97.

^ Compare: Bertrand Badie; Dirk Berg-Schlosser; Leonardo Morlino (2011). International Encyclopedia of Political Science . SAGE Publications, Inc. p. 2132. ISBN   978-1412959636 . Oliver Letwin, a British conservative theorist, observed that the private sector had to be invented. This occurred with the great European trading companies, such as the British and Dutch East India companies, founded in the 17th century. Notions of property before the Renaissance assumed that different actors had different relations to the same property.

^ Thompson, Paul B (2014). "agriculture" . In John, Barry (ed.). International Encyclopedia of Environmental Politics . Routledge. p. 8. ISBN   978-1-135-55403-3 . Retrieved 2014-08-05 . [D]ebates [on enclosure] […] laid down many of the basic terms for political debate about private property, and especially property in land.

^ a b
Property Rights in the History of Economic Thought: From Locke to J.S. Mill , by West, Edwin G. 2001. Property Rights: Cooperation, Conflict, and Law, ed. Terry Lee Anderson and Fred S. McChesney, Princeton University Press, 2003, Ch. 1 (pp. 20–42).

^ O'Hara, Phillip (2003). Encyclopedia of Political Economy, Volume 2 . Routledge. pp. 782–83. ISBN   0-415-24187-1 . The derivation of natural moral theory has provided the foundation for the use of economic theory to support specific ideological viewpoints. The main strength of the legitimating role of economic theory is that it allows one set of ideological viewpoints to posture as if their conclusions were unbiased scientific conclusions, while those opposing them were merely expressing their value laden opinions. At its apex, this tendency has justified laissez-faire economic policies as if they were based on natural laws. Always behind the legitimization activities of economists is the belief that markets are ‘natural’ institutions and market outcomes are natural outcomes, and the institutions necessary for markets, such as private property rights, are ‘natural rights’.

^ Connell, Shaun. "Property Rights 101: The Foundation of Capitalism Explained" . Capitalism Institute. Archived from the original on 29 October 2012 . Retrieved 25 October 2012 .

^ The Political Economy of Socialism , by Horvat, Branko. 1982. Chapter 1: Capitalism, The General Pattern of Capitalist Development (pp. 15–20)

^ ZERA (2013). "The Socialist Calculation Debate" . economictheories.org . Retrieved 2020-03-21 .

^ "Property Rights and Capitalism" (PDF) .

^ "Property Law 440" (PDF) .

^ Gewirth, Alan. (1996). The Community of Rights. University of Chicago Press . p. 168

^ Capital, Volume 1 , by Marx, Karl. From "Chapter 32: Historical Tendency of Capitalist Accumulation": "Self-earned private property, that is based, so to say, on the fusing together of the isolated, independent laboring-individual with the conditions of his labor, is supplanted by capitalistic private property, which rests on exploitation of the nominally free labor of others, i.e., on wage-labor. As soon as this process of transformation has sufficiently decomposed the old society from top to bottom, as soon as the laborers are turned into proletarians, their means of labor into capital, as soon as the capitalist mode of production stands on its own feet, then the further socialisation of labour and further transformation of the land and other means of production into socially exploited and, therefore, common means of production, as well as the further expropriation of private proprietors, takes a new form. That which is now to be expropriated is no longer the labourer working for himself, but the capitalist exploiting many laborers."

^ "Glossary of Terms" . marxists.org . Retrieved 2 March 2017 .

^ Arnold, Scott (1994). The Philosophy and Economics of Market Socialism: A Critical Study . Oxford University Press. p. 50. ISBN   978-0195088274 . Though socialists have disagreed with Marx about how to conceptualize the notion of class, about the dynamics of class societies, and indeed about a whole host of other matters, most socialists seem to be broadly sympathetic to his views about what is wrong with the capitalist (free enterprise) economic system and, by implication, capitalist society ... Marx’s critique attributes basically two systemic evils to capitalism’s economic system: alienation and exploitation.

^ O'Hara, Phillip (2003). Encyclopedia of Political Economy, Volume 2 . Routledge. p. 1135. ISBN   0-415-24187-1 . Property income is, by definition, received by virtue of owning property ... Since such income is not an equivalent return for any productive activity, it amounts to an entitlement to a portion of the aggregate output of others’ productive activity. The workforce produces output, but surrenders part of it to people who have nothing directly to do with production. Arguably, this occurs by virtue of a social system to which those in the workforce have never given their full consent, i.e. that of private property. Alternatively, it occurs by virtue of a structure of power to which the workforce is subject: property income is the fruit of exploitation. The fact that it is essential to capitalism makes the latter a class system akin to such other historical cases as slavery and feudalism.

^ The Social Dividend Under Market Socialism , by Yunker, James. 1977. Annals of Public and Cooperative Economics, Vol. 48, No. 1, pp. 93–133: "From the human point of view, return paid to non-human factors of production is unearned and equivalent to a free gift of nature. It is the personal appropriation of this free gift of nature by a small minority of society under contemporary capitalism which establishes the ethical unworthiness of capitalism and the desirability of a socialist transformation...The employment of capital instruments and natural resources in economic production requires no personal hardship or exertion from any human being. The economic services provided by these factors of production are not corporeally inherent in human beings. The opposite is true of labor services, which can only be provided through the physical and mental activity of human beings...the really grossly exaggerated personal incomes in society are dominated by property income, and this source of inequality would be abrogated by the equalization of property income distribution."

^ Posner, A. Posner and E. Glen Weyl. “Property is Monopoly: Creating a Competitive Market in Uses Through Partial Common Ownership.” Chap. 1 in Radical Markets: Uprooting Capitalism and Democracy for a Just Society. Princeton: Princeton University Press, 2018.




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Pri­vate property is a legal des­ig­na­tion for the own­er­ship of prop­erty by non-gov­ern­men­tal legal en­ti­ties . [1] Pri­vate prop­erty is dis­tin­guish­able from pub­lic prop­erty , which is owned by a state en­tity, and from col­lec­tive or co­op­er­a­tive prop­erty, which is owned by a group of non-gov­ern­men­tal en­ti­ties . [2] Cer­tain po­lit­i­cal philoso­phies such as an­ar­chism and so­cial­ism make a dis­tinc­tion be­tween pri­vate and per­sonal prop­erty [3] while oth­ers blend the two together. [4] Pri­vate prop­erty is a legal con­cept de­fined and en­forced by a coun­try's po­lit­i­cal sys­tem . [5]

Ideas about and dis­cus­sion of pri­vate prop­erty date back at least as far as Plato . [6]
Prior to the 18th cen­tury, Eng­lish speak­ers gen­er­ally used the word "prop­erty" in ref­er­ence to land own­er­ship . In Eng­land, "prop­erty" came to have a legal de­f­i­n­i­tion in the 17th century. [7] [8] Pri­vate prop­erty as com­mer­cial prop­erty was invented [ by whom? ] with the great Eu­ro­pean trad­ing com­pa­nies of the 17th century. [9]

The issue of the en­clo­sure of agri­cul­tural land in Eng­land , es­pe­cially as de­bated in the 17th and 18th cen­turies, ac­com­pa­nied ef­forts in phi­los­o­phy and po­lit­i­cal thought—by Thomas Hobbes (1588–1679), James Har­ring­ton (1611–1677) and John Locke (1632–1704), for ex­am­ple—to ad­dress the phe­nom­e­non of prop­erty own­er­ship . [10]

In ar­gu­ing against sup­port­ers of ab­solute monar­chy, John Locke con­cep­tu­al­ized prop­erty as a "nat­ural right" that God had not be­stowed ex­clu­sively on the monar­chy; the labour the­ory of prop­erty . This stated that prop­erty is a nat­ural re­sult of labor im­prov­ing upon na­ture; and thus by virtue of labor ex­pen­di­ture, the la­borer be­comes en­ti­tled to its produce. [11]

In­flu­enced by the rise of mer­can­til­ism , Locke ar­gued that pri­vate prop­erty was an­tecedent to and thus in­de­pen­dent of gov­ern­ment. Locke dis­tin­guished be­tween "com­mon prop­erty", by which he meant com­mon land , and prop­erty in con­sumer goods and pro­ducer-goods, the lat­ter of which re­ferred to land. His chief ar­gu­ment for prop­erty in land was im­proved land man­age­ment and cul­ti­va­tion over com­mon land.

In the 18th cen­tury, dur­ing the In­dus­trial Rev­o­lu­tion , the moral philoso­pher and econ­o­mist Adam Smith (1723–1790), in con­trast to Locke, drew a dis­tinc­tion be­tween the "right to prop­erty" as an ac­quired right, and nat­ural rights . Smith con­fined nat­ural rights to "lib­erty and life". Smith also drew at­ten­tion to the re­la­tion­ship be­tween em­ployee and em­ployer and iden­ti­fied that prop­erty and civil gov­ern­ment were de­pen­dent upon each other, rec­og­niz­ing that "the state of prop­erty must al­ways vary with the form of gov­ern­ment". Smith fur­ther ar­gued that civil gov­ern­ment could not exist with­out prop­erty, as gov­ern­ment's main func­tion was to safe­guard prop­erty ownership. [11]

In the 19th cen­tury, the econ­o­mist and philoso­pher Karl Marx (1818–1883) pro­vided an in­flu­en­tial analy­sis of the de­vel­op­ment and his­tory of prop­erty for­ma­tions and their re­la­tion­ship to the tech­ni­cal pro­duc­tive forces of a given pe­riod. Marx's con­cep­tion of pri­vate prop­erty has proven in­flu­en­tial for many sub­se­quent eco­nomic the­o­ries and for an­ar­chist , com­mu­nist and so­cial­ist po­lit­i­cal move­ments, and led to the wide­spread as­so­ci­a­tion of pri­vate prop­erty with cap­i­tal­ism .

Pri­vate prop­erty is a legal con­cept de­fined and en­forced by a coun­try's po­lit­i­cal sys­tem . [5] The area of law that deals with the sub­ject is called prop­erty law . The en­force­ment of prop­erty law con­cern­ing pri­vate prop­erty is a mat­ter of pub­lic ex­pense.

De­fence of prop­erty is a com­mon method of jus­ti­fi­ca­tion used by de­fen­dants who argue that they should not be held li­able for any loss and in­jury that they have caused be­cause they were act­ing to pro­tect their prop­erty . Courts have gen­er­ally ruled that the use of force may be ac­cept­able.

In many po­lit­i­cal sys­tems, the gov­ern­ment re­quests that own­ers pay for the priv­i­lege of own­er­ship. A prop­erty tax is an ad val­orem tax on the value of a prop­erty, usu­ally levied on real es­tate . The tax is levied by the gov­ern­ing au­thor­ity of the ju­ris­dic­tion in which the prop­erty is lo­cated. It may be im­posed an­nu­ally or at the time of a real es­tate trans­ac­tion , such as in real es­tate trans­fer tax . Under a prop­erty-tax sys­tem, the gov­ern­ment re­quires or per­forms an ap­praisal of the mon­e­tary value of each prop­erty, and tax is as­sessed in pro­por­tion to that value. The four broad types of prop­erty taxes are land, im­prove­ments to land (im­mov­able man-made ob­jects, such as build­ings), per­sonal prop­erty (mov­able man-made ob­jects) and in­tan­gi­ble prop­erty .

The so­cial and po­lit­i­cal con­text in which pri­vate prop­erty is ad­min­is­tered will de­ter­mine the ex­tent to which an owner will be able to ex­er­cise rights over the same. The rights to pri­vate prop­erty often come with lim­i­ta­tions. For ex­am­ple, local gov­ern­ment may en­force rules about what kind of build­ing may be built on pri­vate land ( build­ing code ), or whether a his­tor­i­cal build­ing may be de­mol­ished or not. Theft is com­mon in many so­ci­eties, and the ex­tent to which cen­tral ad­min­is­tra­tion will pur­sue prop­erty crime varies enor­mously.

Some forms of pri­vate prop­erty are uniquely iden­ti­fi­able, and may be de­scribed in a title or a cer­tifi­cate of own­er­ship.

The rights to a prop­erty may be trans­ferred from one "owner" to an­other. A trans­fer tax is a tax on the pass­ing of title to prop­erty from one per­son (or en­tity) to an­other. An owner may re­quest that, after death, pri­vate prop­erty be trans­ferred to fam­ily mem­bers, through in­her­i­tance .

In cer­tain cases own­er­ship may be lost to the pub­lic in­ter­est. Pri­vate real es­tate may be con­fis­cated or used for pub­lic pur­poses, for ex­am­ple to build a road.

The legal frame­work of a coun­try or so­ci­ety de­fines some of the prac­ti­cal im­pli­ca­tions of pri­vate prop­erty. There are no ex­pec­ta­tions that these rules will de­fine a ra­tio­nal and con­sis­tent model of eco­nom­ics or so­cial sys­tem.

Al­though con­tem­po­rary neo­clas­si­cal eco­nom­ics —cur­rently the dom­i­nant school of eco­nom­ics—re­jects some of the as­sump­tions of the early philoso­phers un­der­pin­ning clas­si­cal eco­nom­ics, it has been ar­gued that neo­clas­si­cal eco­nom­ics con­tin­ues to be in­flu­enced by the legacy of nat­ural moral the­ory and the con­cept of nat­ural rights , which has led to the pre­sen­ta­tion of pri­vate mar­ket ex­change and pri­vate prop­erty rights as "nat­ural rights" in­her­ent in nature. [12]

Eco­nomic lib­er­als (de­fined as those who sup­port a pri­vate sec­tor-dri­ven mar­ket econ­omy) con­sider pri­vate prop­erty to be es­sen­tial for the con­struc­tion of a pros­per­ous so­ci­ety. They be­lieve pri­vate own­er­ship of land en­sures the land will be put to pro­duc­tive use and its value pro­tected by the landowner . If the own­ers must pay prop­erty taxes , this forces the own­ers to main­tain a pro­duc­tive out­put from the land to keep taxes cur­rent. Pri­vate prop­erty also at­taches a mon­e­tary value to land, which can be used to trade or as col­lat­eral . Pri­vate prop­erty thus is an im­por­tant part of cap­i­tal­iza­tion within the econ­omy . [13]

So­cial­ist econ­o­mists are crit­i­cal of pri­vate prop­erty as so­cial­ism aims to sub­sti­tute pri­vate prop­erty in the means of pro­duc­tion for so­cial own­er­ship or pub­lic prop­erty . So­cial­ists gen­er­ally argue that pri­vate prop­erty re­la­tions limit the po­ten­tial of the pro­duc­tive forces in the econ­omy when pro­duc­tive ac­tiv­ity be­comes a col­lec­tive ac­tiv­ity, where the role of the cap­i­tal­ist be­comes re­dun­dant (as a pas­sive owner). So­cial­ists gen­er­ally favor so­cial own­er­ship ei­ther to elim­i­nate the class dis­tinc­tions be­tween own­ers and work­ers and as a com­po­nent of the de­vel­op­ment of a post-cap­i­tal­ist eco­nomic sys­tem . [14]

In re­sponse to the so­cial­ist cri­tique, the Aus­trian School econ­o­mist Lud­wig Von Mises ar­gued that pri­vate prop­erty rights are a req­ui­site for what he called "ra­tio­nal" eco­nomic cal­cu­la­tion and that the prices of goods and ser­vices can­not be de­ter­mined ac­cu­rately enough to make ef­fi­cient eco­nomic cal­cu­la­tion with­out hav­ing clearly de­fined pri­vate-prop­erty rights. Mises ar­gued that a so­cial­ist sys­tem, which by de­f­i­n­i­tion would lack pri­vate prop­erty in the fac­tors of pro­duc­tion, would be un­able to de­ter­mine ap­pro­pri­ate price val­u­a­tions for the fac­tors of pro­duc­tion. Ac­cord­ing to Mises, this prob­lem would make ra­tio­nal so­cial­ist cal­cu­la­tion impossible. [15]

In cap­i­tal­ism , own­er­ship can be viewed as a “bun­dle of rights" over an asset that en­ti­tles its holder to a strong form of au­thor­ity over it. Such bun­dle is com­posed of a set of rights that al­lows the owner of the asset to con­trol it and de­cide on its use, claim the value gen­er­ated by it, ex­clude oth­ers from using it and the right to trans­fer the own­er­ship (set of rights over the asset) of it to an­other holder. [16] [17]

In Marx­ian eco­nom­ics and so­cial­ist pol­i­tics, there is dis­tinc­tion be­tween "pri­vate prop­erty" and " per­sonal prop­erty ". The for­mer is de­fined as the means of pro­duc­tion in ref­er­ence to pri­vate own­er­ship over an eco­nomic en­ter­prise based on so­cial­ized pro­duc­tion and wage labor whereas the lat­ter is de­fined as con­sumer goods or goods pro­duced by an individual. [18] [19] Prior to the 18th cen­tury, pri­vate prop­erty usu­ally re­ferred to land own­er­ship .

Pri­vate prop­erty in the means of pro­duc­tion is the cen­tral el­e­ment of cap­i­tal­ism crit­i­cized by so­cial­ists. In Marx­ist lit­er­a­ture, pri­vate prop­erty refers to a so­cial re­la­tion­ship in which the prop­erty owner takes pos­ses­sion of any­thing that an­other per­son or group pro­duces with that prop­erty and cap­i­tal­ism de­pends on pri­vate property. [20] The so­cial­ist cri­tique of pri­vate own­er­ship is heav­ily in­flu­enced by the Marx­ist analy­sis of cap­i­tal­ist prop­erty forms as part of its broader cri­tique of alien­ation and ex­ploita­tion in cap­i­tal­ism. Al­though there is con­sid­er­able dis­agree­ment among so­cial­ists about the va­lid­ity of cer­tain as­pects of Marx­ist analy­sis, the ma­jor­ity of so­cial­ists are sym­pa­thetic to Marx's views on ex­ploita­tion and alienation. [21]

So­cial­ists cri­tique the pri­vate ap­pro­pri­a­tion of prop­erty in­come on the grounds that be­cause such in­come does not cor­re­spond to a re­turn on any pro­duc­tive ac­tiv­ity and is gen­er­ated by the work­ing class , it rep­re­sents ex­ploita­tion. The prop­erty-own­ing (cap­i­tal­ist) class lives off pas­sive prop­erty in­come pro­duced by the work­ing pop­u­la­tion by virtue of their claim to own­er­ship in the form of stock or pri­vate eq­uity. This ex­ploita­tive arrange­ment is per­pet­u­ated due to the struc­ture of cap­i­tal­ist so­ci­ety. Cap­i­tal­ism is re­garded as a class sys­tem akin to his­tor­i­cal class sys­tems like slav­ery and feu­dal­ism . [22]

Pri­vate own­er­ship has also been crit­i­cized on non-Marx­ist eth­i­cal grounds by ad­vo­cates of mar­ket so­cial­ism . Ac­cord­ing to the econ­o­mist James Yunker, the eth­i­cal case for mar­ket so­cial­ism is that be­cause pas­sive prop­erty in­come re­quires no men­tal or phys­i­cal ex­er­tion on the part of the re­cip­i­ent and its ap­pro­pri­a­tion by a small group of pri­vate own­ers is the source of the vast in­equal­i­ties in con­tem­po­rary cap­i­tal­ism, so­cial own­er­ship in a mar­ket econ­omy would re­solve the major cause of so­cial in­equal­ity and its ac­com­pa­ny­ing so­cial ills. [23] Weyl and Pos­ner argue that pri­vate prop­erty is an­other name for mo­nop­oly and can ham­per al­loca­tive ef­fi­ciency. Through the use of tax­a­tion and mod­i­fied Vick­rey auc­tions , they argue that par­tial com­mon prop­erty own­er­ship is a more ef­fi­cient and just way to or­ga­nize the economy. [24]

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