Related Ideas

Many writers on property begin from an initial situation, sometimes called the state of nature. This initial situation is one that lacks government and any rules concerning property that government has established. They ask questions such as (1) What is the relationship between people and natural resources in this situation, (2) What would people in this situation have the right to do or not do, and (3) How, if at all, would some sort of initial acquisition of property be possible in this situation.

Historically, many of the issues were discussed in the 17th century by Hugo Grotius, Samuel Pufendorf, and John Locke. Their arguments were sometimes based on the ideas of earlier writers including Saint Thomas Aquinas and Francisco Suarez. Read James Tully's account for a detailed history of their ideas.

Grotius took a position on original acquisition similar to that taken by Dee and contemporary philosopher Roger Pilon. For Grotius the world was held in common only in the sense that it was owned by no one and available for all to occupy and acquire. If someone does occupy land, for example, he thereby acquires what Tully refers to as an "exclusive" right to it. (See Tully, p. 71.) John Locke took a different view. For Locke, the world was given by God to all people in common for their preservation and enjoyment. Each person originally had a "use" right to natural resources. This right was not exclusive (i.e., he could permanently exclude others) and was limited to what a person can use and also by the requirement that "enough and as good" be left for others. If the latter condition is no longer met (perhaps due to population growth), the use right of each continues to exist. In that situation the best remedy is for government to create new rules for the division and use of property.

Reference: James Tully, A Discourse on Property: John Locke and His Adversaries