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Doctoral thesis
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English

The origins of property rights: a comparison on the basis of John Locke's concept of property and his natural law limits based on reason

Defense date2014-02-06
Abstract

In this thesis, I argue that if we are to search for well-founded solutions for the preservation of our natural community, natural resources, animals, and mankind as a whole, modern society must reassess the current positive common law of property and if possible, the source of the problem. A good start would be to examine one of the recognised foundations of the governmental property law, John Locke, who is credited with the notion of protecting individual property rights as inherent rights based on natural law. Locke is also considered by many authors to be the source of the unlimited accumulation of property. The purpose of this thesis is to demonstrate that Locke not only confirms the validity of natural law limits espoused by the natural law teachers before his time, but also goes further to corroborate, reinforce, and develop such limits as necessary for his philosophy of property to be valid and lasting.

eng
Keywords
  • John Locke
  • Property law
  • Natural law limits
  • Environmental law
  • Animal rights
  • Human rights
  • Inherent rights
  • Reason
  • The origins of property rights
  • Natural law and its superiority
  • Peaceful preservation for the common good
  • Preservation of others
  • Reason for the government of passions
  • State of nature as a possible future state of peace, mutual assistance and preservation
  • Common good
  • Natural law
Citation (ISO format)
HILLER MARGUERAT, Shelly. The origins of property rights: a comparison on the basis of John Locke’s concept of property and his natural law limits based on reason. 2014. doi: 10.13097/archive-ouverte/unige:36849
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Creation05/17/2014 2:39:00 PM
First validation05/17/2014 2:39:00 PM
Update time03/14/2023 9:15:16 PM
Status update03/14/2023 9:15:16 PM
Last indexation01/29/2024 8:09:31 PM
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