what are the foundations of the right to property? - EAS

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  1. Jefferson said: “I believe... that a right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings; that no one has a right to obstruct another exercising his faculties innocently for the relief of sensibilities made a part of his nature....”
    fee.org/articles/the-property-basis-of-rights/
    fee.org/articles/the-property-basis-of-rights/
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    Why is it important to establish the right to property?
    Since a right cannot be firmly established unless it is tied to a property base, changes in the property system will tend to be reflected in the rights that can be exercised. And, the right of the individual to the ownership of private property is essential to the establishment of individual rights.
    fee.org/articles/the-property-basis-of-rights/
    What is the property basis of Rights?
    It is necessary, then, to explore the property basis of rights. A good place to begin is with a definition of right. A right is something to which one is entitled by virtue of being a man (generically). Whether it be called a natural right or a human right, it must be in accord with the nature of man and the human condition.
    fee.org/articles/the-property-basis-of-rights/
    What is the justification of the right to property?
    Different justifications of the rights to property have a significant effect on the way in which we structure our access to resources. Land use ethics are rooted in the justification of the right to property because the justification defines the parameters of whether an action on the land is appropriate.
    www.sciencedirect.com/topics/social-sciences/right-to-pr…
    What is an example of a property right?
    Many rights are so closely tied to property rights that they are virtually indistinguishable from them. For example, the right to buy and sell or, more broadly, to trade freely, is a property right. It is an aspect of the ownership of property. Free speech and a free press are fundamentally property rights.
    fee.org/articles/the-property-basis-of-rights/
  3. https://fee.org/articles/the-moral-foundations-of-property-rights
    Published: Nov 01, 1986
    Estimated Reading Time: 8 mins

    Property rights include a person’s fights of possession—the rights to use property peacefully, alter it, consume it, and exclude others. They further include the fight to transfer possession by any peaceful means an owner sees fit—to sell, trade, mortgage, let, give, and bequeath.

  4. https://mises.org/library/right-property

    Nov 05, 2020 · In this paper, the foundations of the right to property are laid out, with implications for the acquisition of unowned property and the ability of a person to transfer that ownership. This includes ownership rights over one’s body. The slave is a slave because his body is owned by someone else, and that owner is not the rightful owner.

  5. https://en.wikipedia.org/wiki/Right_to_property

    The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption.
    A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but i…

    • Estimated Reading Time: 13 mins
    • https://www.sciencedirect.com/topics/social-sciences/right-to-property

      Modern ‘Western’ property rights are founded on certain philosophies which represent the foundation of modern economic and political theory in North America today. These philosophic bases for property rights contribute to the ‘dominant social paradigm,’ which is formed by a collection of values, attitudes, and beliefs through which individuals or a society interpret the …

    • https://www.annenbergclassroom.org/resource/our...

      The Preservation of Property. John Locke was an English political philosopher whose writings greatly influenced the American revolutionaries. Locke believed that governments had an obligation to protect the individual’s right to life, liberty, and property, all of which he viewed as natural rights, or rights that existed in a state of nature that predated societies or government.

      • Estimated Reading Time: 10 mins
      • The Foundations of Property and Property Law - Cambridge

        https://www.cambridge.org/core/journals/cambridge...

        We argue that no charter could justifiably include the usual explicit rights and freedoms and not include the right of the individual to property since the latter is no less a condition of free action than are the former. Type. Articles. Information. The Cambridge Law Journal , Volume 45 , Issue 3 , November 1986 , pp. 457 - 475.

      • https://fee.org/articles/the-property-basis-of-rights

        Aug 31, 1980 · Jefferson said: “I believe . . . that a right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings; that no one has a right to obstruct another exercising his faculties innocently for the relief of sensibilities …

      • https://www.cato.org/.../property-rights-constitution

        It is no accident that a nation conceived in liberty and dedicated to justice for all protects property rights. Property is the foundation of every right we have, including the right to be free.

      • https://lawshelf.com/coursewarecontentview/protection-of-property

        The right of a person to protect one's property with reasonable force against another person who is threatening to infringe on one's possessory interest in such property. Where a defendant is on trial for criminal assault or battery, he may argue, in certain instances, that he reasonably believed that his actions were necessary to defend his property from the victim.

      • https://lawshelf.com/coursewarecontentview/real-property

        Real Property. The study of real property concerns a discussion of the ownership rights and duties that are inherent in all of the various forms of property ownership. It also discusses the relationship between people who have different interests in the same property, such as people who jointly own property and landlord-tenant relationships.



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