Property - a philosophical analysis: Argument
In: Filozofija i društvo, Band 27, Heft 1, S. 203-224
ISSN: 2334-8577
After a short historical survey of philosophical views on property, the
article contains an analysis of the argument which justifies property by
referring to the universal respect due to anyone?s right to use any thing for
any purpose. Usage of things for the realization of set ends (or goals) is
among the conditions of action/ agency. The capacity of freedom as a specific
causal power in real world is dependent on the possibility of using things as
means. However, without a real prospect to finish the process of realization
of set goals, this causal power would not be real. Property is a scheme
within which this prospect becomes a real possibility. Property is thus a
condition of effective successful purposeful agency. In property the
normative position of all others, besides the owner, has been changed, as
they do not have the right to use things possessed for their ends, although
they have a right to use any non-possessed thing as a means for whichever end
they might set. As a right, property entails, first, the obligation to
respect the fact of any established possession, and, second, an obligation to
accept and recognize the established possession as ownership, which does not
depend on the fact of factual physical control of the property. Ownership is
therefore a guarantee of future possession. For this to be established there
is a need for an explicit recognition from all others; however this
recognition is normatively necessary for everybody, as no-one has a right to
withdraw the recognition of a legitimate right to property. This comes from
the ontological and axiological difference between persons and things:
persons have a right to use and possess unpossessed things as means for
realization of ends they set.