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Use Of Grotius Arguments For The Natural Right Of Property Ownership

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This paper aims to introduce (1) private ownership (2) the natural right of property ownership and (3) ownership, the nature of things and natural law and then account for the origins of private ownership as well as comparing and contrasting these accounts through the ideas of Grotius in his two publications; The Freedom of the Sea (1609) and The Laws of War and Peace (1625). In addition, the paper aims to discuss the extent to which Grotius argues for The Natural Right of Property Ownership. Property is the term used to refer to the rules that deal with the control of and access to land and other material resources; they can be in either of three forms: (1) common property where assets and possessions are administered by rules whose aim is to ensure that they are available equally for all members of a society; (2) collective property where the entire community decides on the use of property and (3) private …show more content…

Such things were created by nature for the use of all. The sea is such a thing because it is infinite and can’t be an individual’s possession, it is not subject to occupation and it is susceptible to universal use. They are therefore common to all men by natural law. (Grotius 1609) In contrast, in the laws of war and peace, a private owner, if he so wishes can prohibit the acquisition of wild animals, fish and birds over the lands and water that he owns. Although the law of nature/ law of nations allows man to hunt such animals, if municipal law lays down a different rule then the law of nature encourages the municipal law to be obeyed. Municipal law doesn’t antagonize the law of nature but rather sets the limits to natural liberty. Therefore, municipal law can prevent acquisition of ownership which is permitted by the law of nature. (Grotius

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