Discussion essay on the topic Private Property

Write 8 page essay on the topic Private Property.

This element is the apparatus of the consent problem (Attas, 2000). The second element is the principle that individuals are entitled to a property in the products of their making, provided that there is no legitimate objection to their use of the relevant materials. This is the element the doctrine of maker’s right. The conjunction of these elements defines the distinctive logic of Locke’s argument.

Ideally, of course, to have as complete an understanding of the matter as possible, but the question of how private property is exactly to be defined is rather intractable (Bastiat, 2003). Further consideration of its intricacies contributes little to one’s ability to examine arguments for the legitimacy of the institution. Since private property represents but one form of property regime, the discussion begins by distinguishing it from other varieties of property. The challenge is to characterize the notion of a property right quite generally. Having done so, private property is fairly straightforwardly distinguished as the property regime in which this right is primarily vested in private individuals or firms.

According to Clarke and Kohler, in an ordinary person’s perspective, property is defined to be an object that is “tangible” and owned by a natural person, a group, an organization or a unit of government (Clarke and Kohler, 2005). However, Clarke and Kohler say that this definition is not true for the subsequent basis: it mystifies the term property with different issues of property, and it did not succeed to identify the issues of property that it may be also intangible. From lawyer’s point of view, property is not just an object, although objects can be regard as property. Property is a secured belief under the law, being able to put parameters on some benefits from that object based on the nature of the case.

Although these debate about property in which Locke and these authors participated was shaped by a concern, the same cannot be said for the idiom in terms of which this debate was conducted (Broad, 2000). Locke writes in the language of seventeenth-century natural law and natural rights discourse and his theory of property is informed by the intellectual matrix constituted by that tradition.

The starting point for the analysis of property in this natural law tradition is the common right which men have in all things (Carson, 2004). That this is a familiar proposition does not excuse Locke from having to provide an argument for it. Locke’s argument begins from the premises that men are ‘all the Workmanship of one Omnipotent, and infinitely wise Maker. All the Servants of one Sovereign Master, sent into the World by his order and about his business’. If observes, ‘to John Locke this was a proposition of common sense, the initial proposition of a work which appeals to common sense throughout.’ From the fact that God created man to do his bidding, it must be concluded that God intended for man to be preserved and ‘not that so curious and wonderful a piece of Workmanship by its own Negligence or want of Necessaries, should perish again, presently after a few moments continuance’. This conclusion is reinforced by rational consideration of the strong desire of self-preservation which God has planted in man as a principle of action: ‘Reason,

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