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The Definition Of Private Property In The United States

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The idea of private property is linked to ideas of natural rights and natural laws. As an issue that has been debated over time, many philosophers and authors like John Locke and Thomas Aquinas, have examined the justification behind private ownership. To understand the reasoning of why private property is just and how it relates to modern natural rights and law theories, private property first must be defined and then, its relation to government powers, understood. Private property is ownership of land, items, or materials by individuals outside of the government. In the United States today, each individual has the right to private property. This right it is described as a fundamental rule within a moral civilization that entitles humans …show more content…

In Locke’s book, The Second Treatise of Government, he builds up to the justification of private property through his account of man’s natural state. In the natural state, each person equally, as a group has the entitlement to resources of nature, and not one person had more ownership over the natural materials. However, this is problematic since resources are only helpful when intended for individual use. It seems that only if divided for personal use, can the resources of the earth be useful. As a human, Locke believes that we have the right to survival and the means to survival are through natural resources. Locke is able to argue that although no person can hold material, in the natural state as theirs, there is a justification for the private property. He begins connecting the two contradictory views by defining the concept of owning one’s self. Each man has the right of his body and that body and being belongs to that man, or in Locke’s words: “Though the Earth, and all inferior Creatures be common to all Men, yet every Man has a Property in his own Person. This no Body has any Right to but himself,”(). From this idea, he branches into the idea of Labor. A man with the right of self-ownership can use labor or his abilities to make or create an object. By joining a person’s abilities and work with the resources that object of combined skills and material now belongs to the person. By putting the two things together, the material is now no longer apart of Nature and thus, no longer apart of the commonly

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The writers of the Declaration of Independence demonstrate that all men are equally created and are provided with [God-given] rights that cannot be taken away, and those include, the rights to, “Life, Liberty, and the pursuit of Happiness”. In the preamble, the Declaration of Independence indicates, “… men are created equal, that they are endowed by their Creator with certain unalienable Rights… Life, Liberty and the pursuit of Happiness,” (“The Declaration of Independence”). John Lock, the philosopher who strongly influenced that segment of the Declaration of Independence argues, how life is, in fact, an inalienable right because God owns us, in other words, we do not own ourselves (James). In society, the unalienable rights can be seen as how we have the right to do anything we want in our lives, but there are rules that are established so that we can remain safe and therefore, they should be followed. The unalienable rights present in the Declaration of Independence are just one of many examples that express democratic ideas important to American

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“The state of nature has a law of nature to govern it, which obliges everyone: and reason, which of that law, teaches all of mankind, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” this quote show that locke wanted all people to trust each other and to treat each other how they would want to be treated, with respect and trust that you have the best intentions for others not just yourself and to prove that you are not selfish. “Nothing was made by God for man to spoil or destroy. And thus considering the plenty of natural provision there was a long time in the world, and the few spenders… there could be then little room for quarrels or contentions about property so established.” Locke believed that if all men were to treat each other and all of their property equally there would be no arguments or fights over anything because everyone has equal things and equal opportunities in life.

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Locke believed that it is people’s inherent right to govern themselves. He “championed the social contract and govern­ment by consent”. (Steven) He even went so far to say that people did not need to be governed. All that government is is a framework by which people protect their natural rights, but it only needs to exist in practice.

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Locke helped shape the United States government and many other nations governing systems around the world. Locke believed all men were born with the rights of life or your natural rights of liberty, the pursuit of happiness, and a government should protect and respect the rights of individuals. Under the protection of your government he believed “whom the society hath set over itself, with this express or tacit trust, that it shall be employed for their good, and the preservation of their property: now this power, which every man has in the state of nature, and which he parts with to the society in all such cases where the society can secure him, is to use such means, for the preserving of his own property, as he thinks good, and nature allows him; and to punish the breach of the law of nature in other” (Document C). By introducing natural rights the common people gained more power through an equality between all men. Natural rights gave people the right to possess and protect their own property both physical items and personal ideals.

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Locke believed that people were born with natural rights that included the right to life, liberty, and property. Locke argued that people formed governments to protect their natural rights, so the best kind of government was one with limited power and was accepted by all citizens. Locke said that a government has an obligation to the people it governs, therefore, the people have a right to revolt if the government fails at its obligations. Like many other Enlightenment philosophers, John Locke’s ideas reflected on the checks and balance system as well as the Declaration of Independence. For example, in the Declaration of Independence, it says, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

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He divided property into two ways, private and common. Locke believes that God is in charge of the world. In chapter v. of property, Locke states, “God, who has given the world to men in common, has also given them reason to make use of it to the best advantage in life, and convenience.” Locke used labor to say common is a way to private property. By a man doing labor, he can call property private.

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However, this statement is not entirely true, if one mixes what one owns with what one does not own, it does not create self-ownership. Locke’s state of nature is then tainted and no longer includes equality and commonality among mankind. Locke repeats himself often in his arguments. He refers to his belief of natural reason and God’s words to deliver his theory of private property. He begins his discussion of property in the state of nature (Locke 6 sect.

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John Locke is an enlightened political philosopher whose explanations to his ideas remains profoundly influential. Locke believes people should have the right to do anything they want without the government enforcing them to do a task. In The Second Treatise, Locke discusses some vital concepts of his thinking, beginning with a discussion of the State of Nature. He explains that humans move from a state of nature characterized by perfect freedom and are governed by reason to a civil government in which the authority is vested in a legislative and executive power. In the State of Nature, men are born equal, to have perfect liberty to maintain.

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Locke's most important and influential political writings are contained in his Two Treatises on Government. The first treatise is concerned almost exclusively with refuting the argument that political authority was derived from religious authority. The second treatise contains Locke’s own constructive view of the aims and justification for civil government. According to Locke, the State of Nature, the natural condition of mankind, is a state of perfect and complete liberty to conduct one's life as one best sees fit, free from the interference of others. This does not mean, however, that it is a state of license: one is not free to do anything at all one pleases, or even anything that one judges to be in one’s interest.

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