Akademi BYS - Essay protection public property

Before Americans had the right to their intellectual property, it belonged to the King of England.

LawShelf Protection of Property

I will provide such a definition as given by the World Intellectual Property Organization, an organization consisting of patent offices, IP lawyers, copyright holders, etc.

The protection of life and property - Law Teacher

This analysis fails as a reading of Locke primarily because it takes a very narrow view of the meaning of property as every other Locke scholar has commented. To Locke, property was not simply land. Although Locke specifically reiterates in several places within the Second Treatise that the cause for entry into civil society was the protection of property, by which he meant life, liberty, and estate, MacPherson consistently interprets him to mean solely estate, and landed estate at that. But even if Locke meant only estate by the term property, to him estate included the property one had in one's own person. This was in jeopardy for everyone in the state of nature, rich or poor. Furthermore, property ownership was not conceived of as limited to a few wealthy individuals on great tracts of land, as MacPherson seems to envision. He seems to suffer from some feudalistic preoccupation with great manors. In seventeenth century England, property, even landed property ownership was fairly widespread, and when one considers the forms of property not tied to land (e.g. the commercial property belonging to the important merchant class) clearly Locke was not describing the principles of government which protect the few at the expense of the many. Rather Locke was concerned with the protection of the many from the excesses of the few who happened to wield political power. In his zeal to portray Locke as the wicked defender of an even more wicked capitalism. MacPherson misses the real thrust of Locke's argument which is to protect people, all whom are property owners in one sense or the other, from the wicked use of political power.

MacPherson, however, denies that this could ever happen. He argues that Locke was inconsistent in his view of human rationality. On the one hand Locke assumed that men are equally rational and capable of looking after themselves. Here, he claims, Locke conceived of man in the image of the "rational bourgeois." However, MacPherson also argues, that as an elitist, "The seventeenth-century bourgeois observer could scarcely fail to see a deep-rooted difference between the rationality of the poor and that of the men of some property. The difference was in fact a difference in their ability or willingness to order their own lives according to the bourgeois moral code. But to the bourgeois observer this appeared to be a difference in men's ability to order their lives by moral rules as such." Hence Locke was forced to conclude that even in the state of nature, some men were moral and rational and created property, and others were immoral and irrational and made the enjoyment of property "unsafe and insecure." Hence, according to MacPherson, differences in property, not only reflected differences in ability, but also differences in morality and in rationality. Once the ownership of property divided men into two classes, the differential rationality became inherent in the class. Thus within civil society, the less rational were to be tolerated, and well-treated, but were not to have full rights within a civil government aimed at protecting property.


Protection of intellectual property ..

Obviously, a servant (or wage-earner) chooses to give up his right to the property he creates in return for a guaranteed wage. His labor subsequently is at his employer's direction and is a result of his employer's initiative, and the property which emerges from their productive efforts belong to the employer. Locke does not give a specific reason why a freeman would want to sell his labor to someone else when he could work for himself and acquire his own property. Presumably he believed a man would sell his labor only if it were to his advantage. Locke believed that not all men are equally capable, so he might have believed also that a less capable man would prefer working for another rather than taking the risk of having to live on what he could make for himself. MacPherson, as one might predict, sees the existence of wage labor in a much less benign light. He sees landless laborers forced to sell their labor to landed property owners, and concludes that "the continual alienation of labour for a bare subsistence wage, which he [Locke] asserts to be the necessary condition of wage-labourers throughout their lives, is in effect an alienation of life and liberty."

It is the protection of original works of literary work, ..

Evidence of the inferior status of the landless MacPherson finds in Locke's discussion of wage labor. MacPherson correctly points out that Locke took the existence of wage labor for granted even in the state of nature and hence never meant to describe strict labor limitation to property ownership. In the very beginning of the property chapter of the Second Treatise (Chapter V) when Locke is establishing the connection between labor and property rights he says, "Thus the grass my horse has bit; the turfs my servant has cut; and the ore I have digged in any place where I have a right to them in common with others, become my property." While it might seem strange in a passage aimed at showing how labor creates the title to property to argue that the product of a servant's labor should belong to the employer, Locke seems to have treated it as entirely natural and understandable. If each man has a property in his own person, he has the right to sell the use of that property if he so wishes. In fact, Locke specifically describes the nature of the wage relationship as contractual:

Protecting Private Property Rights from Regulatory …

MacPherson complains, however, that even though Locke allows for the entire value of the wealth of the community to increase as a result of private ownership, there is no guarantee that this wealth will be equitably distributed. He shows that Locke makes the assumption that the standard of living of everyone will increase regardless of who owns the property ("a king of a large and fruitful territory there [in America] feeds, lodges and is clad worse than a day laborer in England"), yet MacPherson still believes that Locke assumed landowners would gain at the expense of the landless masses who will be forced to alienate their labor in return for a subsistence income.