Property - Overview

Overview

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. Some philosophers assert that property rights arise from social convention, while others find justifications for them in morality or natural law.

Property, in the first instance, is a thing-in-itself. When a person finds a thing and takes that thing into that person's possession and control, then that thing becomes a thing-for-you for that person. Once the person has that thing in that person's possession, that thing becomes that person's property by reason of Discovery and Conquest, and that person has the individual right to defend that property (property interest) against all others by reason of self-help. Typically, persons join together to form a Political State which has a formal Legal System which enforces and protects property rights so that the individual can go to Court to get protection and enforcement of that person's property rights, rather than having to use self-help. It is possible that when a person has constructive possession of personal property, but another person has actual possession, then the person having constructive possession has bare legal title, while the other person has actual possession. Generally, the ground and any buildings which are permanently attached are considered real property, while movable goods and intangibles such as a copyright are considered personal property. Also, property cannot be considered a reified concept, because in the first instance, property is very concrete as a physical thing-in-itself.

Various scholarly disciplines (such as law, economics, anthropology or sociology) may treat the concept more systematically, but definitions vary within and between fields. Scholars in the social sciences frequently conceive of property as a bundle of rights. They stress that property is not a relationship between people and things, but a relationship between people with regard to things.

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.

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