Property Rights — Possession

Who else loses sleep over how property rights can be derived legitimately?

I don’t need to argue the existence of God or gods or goddesses—not here anyway—, but I am willing to posit that if there were these deities, no human in privy to their word or desires in a sort of biblical way. Therefore any basis for scriptural law is illegitimate.

In the beginning…

I think it is useful to distinguish between the concepts of possession and property, so I’ll begin there. In the beginning, there was the earth—the land—; and there were people. (I’m taking liberties here, and skipping leaps and bounds.)

In the beginning, there was the earth—the land—; and there were people. (I’m taking liberties here, and skipping leaps and bounds.)  Nature, which is to say ‘bounties of the earth’, ‘produces’ natural resources, raw materials:  rocks, trees, chemicals, what have you. These belong to the earth and are inherently social goods.

The first people sustained themselves with these goods. Taking, say, a stick, I might fashion a makeshift club, and I might then possess this club. I have no inherent right to keep this stick. I may discard it of my own volition (or lose it) or it may be taken from me.

I understand the desire to claim ownership. Territorial animals lay claim to, well, territory; but this claim is defended through violence or the threat thereof and, to some extent, agency, for other allied animals to defend the claim (for myriad reasons). And territorial claims extend only to what one can actively monitor, so if I am a lion, I might possess a territory on the Savannah, but I do not coincidently also possess territory in London. Property rights attempt to extend this relationship, to possess something at arm’s length.

What is missing is the right to possess something. We can go back to Locke and—ignoring that nature and other living entities cannot participate in this system—enter into an accord, a social contract, one where if I possess a good not otherwise claimed by another, it’s mine to possess. As all potential parties have no say, one could argue that there is no legitimate manner to transfer from nature to person. The only defence is one of violence, as noted previously. We can define this transfer as legitimate, but simply saying something does not make it necessarily so. Nonetheless, let’s go from here, from a Hobbesian state of nature, where I can defend myself and possessions through a mechanism described by Rousseau: a social compact: I found it first—and it is useful and potentially this use or utility may be desired by others—, so I get to keep it—in exchange to ceding this privilege to others in my group. To extend this privilege is to extend the accord to other groups.

This is all well and good, but if one’s ability to maintain use of an item is limited by, say, distance or quantity, do I still have a right to possess it? If I possess 20 clubs and my clan has none, what is my claim? The claim of primacy—that I was there first—is weak. It would likely be in my interest (if not in communal interest) to share and give up possession, but having not established a right to that possession as property, how do I lay claim to these? Should I be able to? Should it be a right?

Let’s use a less simple example: a plot of land to farm. I’ve cleared the land, tilled the soil, sowed and tended seeds, and I plan to harvest the fruits of my labour. Many people might say that I am entitled to the fruits. This is debatable, but what if I possess more land than I can cultivate? Do I have a right to let the land lay fallow or otherwise uncultivated?

So current paradigms contest that, having applied labour to modify this natural good, I can hold it, possess it. Presuming that no one else has claimed ownership—a concept not yet introduced—, how does one extend possession? This should also address whether one can possess something at arm’s length.

Bedtime. Posting an incomplete, unedited draft with no citations or links…because it’s past 4 AM. Updates and extensions to follow. Hopefully, I’ll fall asleep and get some rest.

Fais dodo.