Ownership is defined as the ability to use economic goods. There are two main perspectives on ownership: sociological and legal. Sociologically, ownership is about physically possessing goods that fulfill human economic needs, referred to as natural or original ownership. This kind of ownership exists independently of legal frameworks or social relationships. Legally, ownership involves rights and responsibilities, distinguishing who should rightfully have a good even if they don’t possess it physically. For instance, if something is stolen, the original owner remains the legal owner in the eyes of the law, while the thief cannot claim ownership.
Legal interpretations of ownership treat all goods similarly, regardless of their type or usage. However, this overlooks key economic differences. For example, land as a resource has unique legal standing due to its role in production. Additionally, legal concepts fail to reflect the different implications of ownership for consumption goods (which satisfy immediate wants) versus production goods (which aid in creating consumption goods).
Consumption goods can be categorized as either consumables that are used up or those that have lasting utility. Consumables are consumed fully in one instance and cannot be shared while being used, as in the case of a single apple or coat. Once consumed, no one else can share in that ownership. However, durable goods like furniture can be used by multiple people over time, demonstrating that ownership can be divided among users.
Production goods serve the economy differently. They don’t provide immediate satisfaction but are essential in creating consumption goods. The possession of production goods is significant economically because their use eventually leads to the creation of consumables. Unlike consumables, the ownership of production goods can be distributed among multiple people because their services can be divided. In a labor-divided society, ownership becomes complex: individuals may not directly own the physical resources they use but still reap the benefits of their services.
Therefore, in a society where labor is divided, the consumer indirectly shares the ownership of production goods. While individuals owning production means may manage these resources, the consumers dictate production’s purpose and goals. The economic dynamics show that while legal ownership suggests control, it often relies on the broader societal context where consumers ultimately determine the value and direction of production.
In summary, ownership of consumption and production goods manifests differently in economic contexts. Consumption goods require exclusive ownership for use, while production goods can involve shared responsibilities among both producers and consumers, highlighting the complex nature of ownership in economic environments.
Ownership of goods originates from the concept of occupation, where individuals claim unowned resources. Ownership is a human construct, beginning when someone appropriates these goods. Once established, ownership continues until relinquished voluntarily or lost through force or other involuntary means like theft. All ownership ultimately traces back to either original appropriation or violence, including earlier acts of robbery. Although it can be acknowledged that ownership and rights stem from violence, this does not justify the need to abolish ownership systems.
Natural ownership exists independently of societal recognition but can vanish if someone stronger seizes it. This situation reflects the natural law idea of a "war of all against all," which ends only when social relations are recognized as stable and deserving of protection. The evolution from a state of violence to a structured society is not a conscious or deliberate process, contrary to what some doctrines suggest. Instead, this development includes factors like natural selection, implying social institutions arise from their utility for survival rather than from rational agreements or divine inspiration.
Law and the state cannot be traced back to a historical social contract. While past philosophies proposed that law originates from contracts, the reality is that law functions as a resolution to conflict and strives for peace. Economic actions require stable, peaceful conditions to thrive. Violence typically targets property, and the law serves to protect property, highlighting its role as a peacemaker. Even dishonest possessors are entitled to legal protection, showing the law’s impartial concern for maintaining order.
Critics often argue that the current distribution of property is unjust, stemming from illegitimate means, and advocate for a new legal order based on an ideal of justice. They establish a view of justice that is an inherent human right or derived from rationality. However, these perspectives are outdated, as modern thought does not accept a fundamentally distinct human nature concerning justice. Legal systems likely did not arise from previous laws but developed from existing conditions. Law was formed to recognize and stabilize these conditions rather than creating itself anew.
Law is in a state of continual evolution. It did not emerge perfectly or fully formed; instead, it developed gradually over thousands of years. The distinction between private and public law is historical rather than dogmatic, evolving from the need to maintain peace for economic continuity. Public law, which addresses broader societal structures, has not matured to the same extent as private law. Lastly, the flawed origins of law do not necessitate its abolition; identifying these imperfections does not prove that legal ownership should be removed.
The development of law often struggles against the idea of violence, which disrupts the formation of a strong legal system. There is a clear difference between feudal thought and bourgeois thought, which shapes how people view ownership and social order. Feudal thinking can be romanticized but lacks a solid, organized theory and often leads to chaos because it ignores the reasons for social stability. In contrast, liberalism focuses on understanding social life and promotes peace through cooperation, even though some critics claim it only helps certain groups.
Critics argue that liberal society is based on violence because the agreements that keep it together are made by those in power, benefiting a limited number of people. They say that modern workers are still treated unfairly like serfs, but these criticisms often come from misunderstandings of liberal ideas. Liberal beliefs have helped create economic growth and cities that rely on the division of labor. However, when people move from the countryside to cities, they may only superficially adopt city values, which can lead to a decline in culture.
Recently, the idea of violence has come back through modern imperialism, which offers a twisted idea of social cooperation and control over resources. Imperialist arguments often mistakenly believe that having national ownership of resources is a natural right, ignoring the complexities of ownership in a system of divided labor. While socialists aim for a new social order, imperialists struggle to present a clear alternative to liberalism, showing the weaknesses in both viewpoints.
Collective ownership aims to achieve equality in wealth distribution, proposing that everyone should have a minimum amount while none have excess. This often involved confiscating and redistributing property. However, such ideas are impractical in a modern economy that relies on specialized labor, like factories and railways. If these redistribution proposals had succeeded in the past, society might not have advanced, leaving people worse off. Despite this, the idea of redistribution remains popular, particularly in agricultural societies, where it played a role in the Russian revolution.
A shift has occurred where Socialism now promotes common ownership of the means of production rather than redistribution. Its goal is to eliminate private property in production while ensuring everyone has a decent living. Socialism acknowledges the importance of specialized labor and aims to change the current social system rather than revert to self-sufficient economies. Overall, Socialism is a bold and ambitious vision for society, deserving careful consideration despite differing opinions on its practicality.
Many political thinkers throughout history have claimed that society should return to a natural state that existed long ago, where private property was not present. They argue that this ideal state, sometimes called the Golden Age, was a time when everyone shared everything and lived happily. Socialists support this idea by stating that private property is harmful and that society would benefit from going back to collective ownership.
Recent research in Economic History, however, has questioned these claims. It shows that systems of common ownership did not exist everywhere and often came about later in response to specific events or pressures, like serfdom or taxation. For example, structures like the Russian Mir appeared as modern solutions rather than universal rules from the past. Even in ancient times, issues like land availability influenced how property was owned. The idea that societies always began with common ownership before moving to private property is not necessarily true.
These historical discussions do not prove that private property is bad or should be eliminated. Instead, private ownership has played an important role in developing agriculture and economies today, suggesting that it should remain part of society’s future.