Compare and contrast the account of the origins of private ownership Grotius gives in The Freedom of the Sea (1609) with the one he gives in The Laws of War and Peace (1625). To what extent does Grotius argue for the natural right of property ownership?"
8150842
ECON32002 Property and Justice: From Grotius to Rawls
John Salter
30 March, 2015
Introduction
This paper aims to discuss private ownership and account for the origins of private ownership as well as comparing and contrasting these accounts through the ideas of Grotius in his two publications; The Freedom of the Sea (1609) and The Laws of War and Peace (1625). In addition, the paper aims to discuss the extent to which Grotius argues for The Natural Right of Property Ownership.
Through studying these works of Grotius in the manner outlined above, it will become clear that the overall idea is that the common ideology that private ownership means that owners can do whatever they wish with what they own is incorrect. Both private and common ownership are established on the right to alienate a thing regardless of the number of people that have possession of the thing. In the case of common ownership social and legal norms can make the ownership of a thing subject to group ownership. In the case of private ownership these social and legal norms are not applied although things are owned. Regional social circumstances determine which type of ownership provides the highest benefit to the owners where as
John Locke and Karl Marx, two of the most renowned political philosophers, had many contrasting views when it came the field of political philosophy. Most notably, private property rights ranked high among the plethora of disparities between these two individuals. The main issue at hand was whether or not private property was a natural right. Locke firmly believed that private property was an inherent right, whereas Marx argued otherwise. This essay will examine the views of both Locke and Marx on the subject of private property and will render insight on whose principles appear more credible.
The concept of property has long been one of the most crucial aspects for the U.S. citizens, as it is a major part of the Constitutional, and, therefore, human rights. Although the perception and understanding of “property” have been considerably changed, especially in terms of political and philosophical vision, it still has a particular meaning for the Americans. In general, the idea of property is the question of the political thought and conceptualized thinking common for the United States. In most cases, its transformations are connected to the introduction of capitalism and related governmental decision in politics. Therefore, as any other topic, the value of property has undergone harsh debates. In particular, such important figures as James Fenimore Cooper, Ralph Waldo Emerson, and Walt Whitman have developed a fundamental scope of analyses with regard to the property rights in America.
When people decided to gather, communicate, and cooperate to make their livings around beasts, they also had to decide the ownerships of trophies. That was the time when the idea “property” was invented. Many wise men in the past, while thinking about a better format for people living together, argued meanings of property to people. British philosopher John Locke in his work Second Treatise of Government separates property as public goods shared by all humans and necessities for living created via labor. The value of property has changed over time, when later French philosopher Voltaire in his novel Candide, or Optimism expresses that property becomes for what people in a world where Candide lives keep fighting: land, gold, and even ownerships of women. Necessities and public goods becomes luxuries. Voltaire’s work shows this trend and it can explained by the worry about the risk of losing current living standard in the future when easily accessible things are no more available to everyone. In fact, Candide also reflects scarcity of property, a nature which Locke never mentioned. Thus Candide is a strong critique to Second Treatise of Government for the nature of property when Voltaire demonstrated scarcity in material and philosophical ways in Candide.
In Distributive Justice, Robert Nozick aims to clarify the processes of distribution that can be reasonably upheld in a free society. To do so, he examines the origins of how people legitimately come to own things and applies the least intrusive set of guidelines that can be doled out in order to guarantee the most justice possible, while also respecting individual liberty. Nozick provides the Entitlement Theory, which specifies that so long as there is justice in the acquisition and transfer of holdings (things one owns), there is no injustice or infringement upon liberties of others and the parties involved are entitled their holdings. In the event there is an injustice committed, he provides the third topic of “ the rectification of injustice in holdings.” Establishing how individuals may legitimately acquire holdings is crucial to a discussion on the liberty and rights of individuals in a free, yet cooperative society. In order to further clarify how individuals originally come to own things in society, Distributive Justice later analyzes John Locke’s Theory of Acquisition. A diminishing number of unowned resources as well as the inherent problems in a free market convolute the issue.
Karl Marx and John Locke both formulated philosophical theories that worked to convince people of their rights to freedom and power; however, they had conflicting viewpoints on the idea of private property. Locke felt that property belonged to whoever put their labor into it, and one could accumulate as much property as he or she wants (692). Marx, however, considered the private property of the select few who possessed it to be the product of the exploitation of the working class (1118). Personally, I believe that Locke’s conception of private property is more convincing than Marx’s point of view.
In the Second Treatise of Government by John Locke, he writes about the right to private property. In the chapter which is titled “Of Property” he tells how the right to private property originated, the role it plays in the state of nature, the limitations that are set on the rights of private property, the role the invention of money played in property rights and the role property rights play after the establishment of government.. In this chapter Locke makes significant points about private property. In this paper I will summarize his analysis of the right to private property, and I will give my opinion on some of the points Locke makes in his book. According to Locke, the right to private property originated when God gave the world to
Property has always played an important role in the life of an individual, community and country. The practical significance of the property lies in the fact that it enables us at least the necessities and amenities of the routine life if not the means of comfort. The property rights give the successor a way to overcome the sufferings and to fight the battle of their lives.
According to Thomas Jefferson, an influential leader, “No government can continue good but under the control of the people.” Jefferson’s quote suggests that the social contract and state are only run sufficiently under the authority of the people. There is a common assumption that a definite agreement among the population of a society, is dictated by the individuals themselves. In the past, various theorists as well as powerful leaders have made conscience endeavors to demystify whether the social contract is imposed by the sovereign or society. This essay makes an argument that the social compact is dictated by individuals because individuals have the power to alter the governments they exist within. The state is what the people define it as. It is bound by territory, and people, states comprise of governments. The Social Contract is developed by Jean Jacques Rousseau about what is believed to be the greatest method to establish a political community.
Locke's Explanation of Creation, Value and Protection of Property ‘The great and chief end... of Mens uniting into Commonwealths, and
In his Second Treatise of Government, John Locke creates an argument that details how individuals attain private property and how some can end up with more property than others. He attempts to justify the resulting economic inequality, but is unsuccessful, failing to address many of the problematic issues that arise from his claim.
John Locke and Jean Jacques Rousseau, two philosophers with differing opinions concerning the concept of private property. Rousseau believes that from the state of nature, private property came about, naturally transcending the human situation into a civil society and at the same time acting as the starting point of inequality amongst individuals. Locke on the other hand argues that private property acts as one of the fundamental, inalienable moral rights that all humans are entitled to. Their arguments clearly differ on this basic issue. This essay will discuss how the further differences between Locke and Rousseau lead from this basic fundamental difference focusing on the acquisition of property and human rights.
John Locke and Jean Jacques Rousseau, following their predecessor Thomas Hobbes, both attempt to explain the development and dissolution of society and government. They begin, as Hobbes did, by defining the “state of nature”—a time before man found rational thought. In the Second Treatise[1] and the Discourse on Inequality[2], Locke and Rousseau, respectively, put forward very interesting and different accounts of the state of nature and the evolution of man, but the most astonishing difference between the two is their conceptions of property. Both correctly recognize the origin of property to be grounded in man’s natural desire to improve his life, but they differ
Political philosopher John Locke ideas and theories serve as a foundation in our democratic world. In the Second Treatise of Government sovereignty is placed in the hands of the people. Locke argues that everyone is born equal and has natural rights in the state of nature. He also argues that men have inalienable rights to life, liberty and property. The central argument around the creation of a civil society was with the protection of property. In this essay I will explain Locke's theory of property and how it is not anything other than a "thinly disguised defense of bourgeois commercial capitalism." This statement is defended through Locke's personal background and his justifications for the inequalities of wealth.
Grotius and Selden were but two of scores of Protestant jurists in the seventeenth century who wrote on sex, marriage, and family life. But they were among the most preeminent scholars of the civil law and common law traditions. While they respected each other and agreed on many points, these two legal giants clashed more than once on fundamental questions of law, politics, and society. Particularly well known is their celebrated debate over the law of the sea and its possessions. Grotius defended the “open sea” (Mare Liberum) and the natural rights of passage and fishing even in territorial waters.
Review on The origin of the Family, Private Property and the State. ------------------ Frederick Engels