What is property, and how is it acquired?

Translation: quotations from Samuel von Pufendorf are quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes), not his original words.

OCR: 11 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that rights acquired under a law remain valid even if the law is later repealed, as long as the law was in force when the right was obtained. He argued that taking away such rights would be unjust, using the example of inheritance by will. "The Law itfelf may be difannull'd by the Author, but the Right acquired by Virtue of that Law, whilft in Force, mufl: ftill remain" [1]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that the property of goods is not originally founded upon any agreement, implying that property can be acquired without an obligatory consent or agreement. This is stated in the context of discussing the duties of natural right and the establishment of property. [2]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf discusses how property is acquired, distinguishing between natural, civil, and mixed acquisitions. He argues that property can be transferred through mutual consent of parties, as in the case of wills, but also acknowledges the role of civil laws in prescribing forms for such acquisitions. [3]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that property originated from an agreement among men, and that it was necessary for the safety and peace of society. He argued that God placed things in a negative communion, but as human society developed, distinct properties were introduced through human transactions and agreements. [4]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that property arises from an agreement among men and is acquired when individuals seize things for private use, thereby converting the general store into personal property. He argued that this process is not contrary to human or rational nature and that it is profitable to mankind. (key quote above) [5]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believes that the power to alienate one's possessions arises from the nature of full property, which allows a person to dispose of their own as they please. He argues that this ability to transfer property is a principal part of full property, enabling individuals to obtain something more useful or to assist a friend. [6]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf discusses the ways of acquiring dominion or property, distinguishing between originary and derivative methods. He argues that originary methods include occupancy, either simple and absolute or primitive with respect to improvements. (key quote above) [7]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that property can be transferred by a bare covenant according to the law of nature, but that delivery is required by civil or positive ordinance. He also believed that in derivative acquisitions, the manner of transferring property (delivery and acceptance) is distinct from the titles or causes (such as donation, buying, and selling). [8]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf discusses the nature of property and its transfer, stating that property can be alienated and requires the consent of two persons in every alienation. He also outlines various aspects of property, including conditions of alienation, possession, and how property is gained by bargaining. [9]
• BELIEF (undated; OCR of an old printing; quoted in Basil Kennett's 1729 English translation (with others; 4th edition, with Barbeyrac's notes)): Samuel von Pufendorf believed that for something to be considered property, it must be useful to humans and be under their power to claim and keep. He also believed that property implies a right to exclude others from one's possession, as without this right, the concept of property would be meaningless. [10]

What cuts against it

• BELIEF [1]: Samuel von Pufendorf believed that rights acquired under a law remain valid even if the law is later repealed, as long as the law was in force when the right was obtained. This suggests that property rights may be protected by legal frameworks, which is a different mechanism from the natural or derivative methods discussed in other passages.

• BELIEF [3]: Samuel von Pufendorf discusses how property is acquired, distinguishing between natural, civil, and mixed acquisitions. This introduces the idea that property can be acquired through civil laws, which may not be directly tied to natural or derivative methods.

• BELIEF [11]: Not relevant to the question.

2. HOW IT APPLIES (reasoning; inference is marked)

1. Samuel von Pufendorf believed that property arises from an agreement among men and is acquired when individuals seize things for private use, thereby converting the general store into personal property. [5]

2. He distinguished between original and derivative methods of acquiring property. Original methods include occupancy, either simple and absolute or primitive with respect to improvements. [7]

3. Property can be transferred by a bare covenant according to the law of nature, but delivery is required by civil or positive ordinance. [8]

4. For something to be considered property, it must be useful to humans and be under their power to claim and keep. [10]

5. The power to alienate one's possessions arises from the nature of full property, which allows a person to dispose of their own as they please. [6] (inference)

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the exact legal frameworks and modern implications of property rights, but it provides principles on the nature and acquisition of property.

Extrapolation: Samuel von Pufendorf would likely argue that property is a moral quality that arises from agreements among men and is acquired through occupancy or improvement. He would emphasize the importance of mutual consent and the role of civil laws in prescribing forms for property acquisitions.

Competing readings: One reading is that property can be acquired without an obligatory consent or agreement, as suggested in [2]. Another reading is that property rights may be protected by legal frameworks, as suggested in [1].

Confidence: Moderate, as the record provides principles but does not address all aspects of modern property law.