Five Theories of Property

Question 1

What are the 5 theories of property?

Answer 1

1. Protect First Possession
2. Encourage Labor
3. Maximize social happiness
4. Civic republicans theory (ensure democracy)
5. Personhood theory (facilitate personal development- the emotional connection to tangible things)

Question 2

Theory 1- protect first possession

Answer 2

Protect first possession.
- First come first served.
- not adequate for justifying ownership of property but merely how PR arose
- Pierson v. Post- man hunting foc and is interrupted by another man catching and killing. Majority does not find for man in pursuit- case that demonstrated first possession.

Question 3

Theory 2- encourage labor

Answer 3

Encourage labor.
- When a person mixes labor (owned) with unowned natural resources, the person was entitled to keeping their property.

Question 4

Theory 3- Maximize societal happiness

Answer 4

Maximize societal happiness.
- traditional utilitarian theory.
- promotes welfare of all citizens, through wealth

Question 5

Theory 4- Civil Republican Theory

Answer 5

• property rights are necessary to preserve freedom.

Question 6

Theory 5- Personhood theory

Answer 6

• property is necessary for personal development
• the emotional connection to tangible things, people should be able to control them as they see fit.