[Mbcbg-bide] NUMBER ONE Success System

Tommy Lee noss1233 at gmail.com
Wed Aug 22 07:16:16 EDT 2007


A natural rights definition of property rights was advanced by John Locke.
Locke advanced the theory that when one mixes one's labor with nature, one
gains ownership of that part of nature with which the labor is mixed,
subject to the limitation that there should be "enough, and as good, left in
common for others"[1].

Anthropology studies the diverse systems of ownership, rights of use and
transfer, and possession[2] under the term "theories of property". Western
legal theory is based, as mentioned, on the owner of property being a legal
individual. However, not all property systems are founded on this basis.

In every culture studied ownership and possession are the subject of custom
and regulation, and "law" where the term can meaningfully be applied. Many
tribal cultures balance individual ownership with the laws of collective
groups: tribes, families, associations and nations. For example the 1839
Cherokee Constitution frames the issue in these terms:
Sec. 2. The lands of the Cherokee Nation shall remain common property; but
the improvements made thereon, and in the possession of the citizens
respectively who made, or may rightfully be in possession of them: Provided,
that the citizens of the Nation possessing exclusive and indefeasible right
to their improvements, as expressed in this article, shall possess no right
or power to dispose of their improvements, in any manner whatever, to the
United States, individual States, or to individual citizens thereof; and
that, whenever any citizen shall remove with his effects out of the limits
of this Nation, and become a citizen of any other government, all his rights
and privileges as a citizen of this Nation shall cease: Provided,
nevertheless, That the National Council shall have power to re-admit, by
law, to all the rights of citizenship, any such person or persons who may,
at any time, desire to return to the Nation, on memorializing the National
Council for such readmission.

Communal property systems describe ownership as belonging to the entire
social and political unit, while corporate systems describe ownership as
being attached to an identifiable group with an identifiable responsible
individual. The Roman property law was based on such a corporate system.

Different societies may have different theories of property for differing
types of ownership. Pauline Peters argued that property systems are not
isolable from the social fabric, and notions of property may not be stated
as such, but instead may be framed in negative terms: for example the taboo
system among Polynesian peoples.
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