Related Ideas |
Review these ideas and then go back to the main thread. |
There are many questions related to
property in addition to those that John has listed.
Many 20th-century writers think of property as
a collection or bundle of rights rather than a single right. For
example, the list might include the right to use an item in
various ways, but not in others. It may include the right to
manage, to earn income from, to sell, to bequeath, to give away,
to destroy, to waste, to modify, to consume, to exclude others
from use, and more. Intellectual property might include the
right to monopolize, to patent, to duplicate, to incorporate as
part of a new product, to use in publicity, to display, to
perform, to keep secret, as well as other rights. Many of these
rights might be had only for a specific period of time (such as
patents on drugs or copyright on books). In some of the classic
sources, such as Locke's essays on government, few of these
rights are distinguished.
Most of these rights can be, and sometimes
are, separated from the others. This is true within the United
States and perhaps even more true if we look at property systems
around the world. For example, in the 1930s a Maya peasant in
the Mexican Yucatan often had the right to plant and harvest
corn on a specific piece of land. On the other hand, he did not
have the right to sell the land and pocket the money. Nor could
he rent the land to a visitor from the city.
We can ask whether rights are absolute in some
sense (for example, whether they always apply or only under
certain conditions), whether they can be overridden (and when),
and whether they must be weighed against other moral concerns
that arise in complex situations. Perhaps most important of all,
we can ask how such rights are justified and limited.
The task of sorting out the nature of property
is therefore a complicated one.
Reference: For an introduction to property and many of the issues involved, See Lawrence C. Becker's book On Property.