Two Concepts of Property: Ownership of Things and Property in Activities

Breakey, Hugh. "Two Concepts of Property: Ownership of Things and Property in Activities." The Philosophical Forum 42, no. 3 (2011): 239-65.

39 Pages Posted: 29 Aug 2016

Date Written: July 29, 2011

Abstract

Property in Activities is a distinct and integrated property-concept applying directly, not to things, but to actions. It describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. Property in Activities illuminates many of the vexing problem cases in property theory, including communal, intangible, fugacious, hunting, fishing, customary and recreation property rights. The same is true of property in various sectors of law, in philosophical arguments such as Locke’s, and in historical usage prior to the nineteenth century. By illustrating how one stable concept can resolve this myriad of otherwise puzzling cases, I argue that Property in Activities is as important a concept as Ownership of Things.

Keywords: property; ownership; common property; resource property; John Locke; property in labour; history of property

Suggested Citation

Breakey, Hugh E, Two Concepts of Property: Ownership of Things and Property in Activities (July 29, 2011). Breakey, Hugh. "Two Concepts of Property: Ownership of Things and Property in Activities." The Philosophical Forum 42, no. 3 (2011): 239-65., Available at SSRN: https://ssrn.com/abstract=2831313

Hugh E Breakey (Contact Author)

Griffith University ( email )

170 Kessels Road
Nathan, Queensland QLD 4111
Australia

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