An ethical philosophy of life presented in its main outlinesAdler, Felix
Religion
An ethical philosophy of life presented in its main outlines
Adler, Felix
Ethics; Philosophy, Modern
_The Right to Property_[54]
“Property,” according to Blackstone, “is the sole and despotic dominion
which one man claims and exercises over the external things of the
world in total exclusion of the right of any other individual in the
universe.”
Orthodox jurisprudence, like orthodox religion, is characterized by the
absoluteness of its formula. It ignores the genesis of its concepts in
the long line of antecedent historical development, and it disdains to
entertain the demand for modification, though the circumstances of the
time loudly call for it.
“The sole and despotic dominion which one man claims and exercises,”
etc., may be a fact, but it is not a right. Property can only be
regarded as a right if shown to be subservient to the ethical end,—the
maintenance and development of personality. Orthodox jurisprudence
effaces the end, and treats that which is or has been at one time a
means as if it possessed a sanctity of its own. On the other hand, the
empirical treatment of jurisprudence, in dismissing the supposedly
absolute means, tends to leave out of sight the ethical end, and to
treat the social institutions as subservient to mere convenience.
The following propositions will indicate the changes in the conception
of the right of property required by our ethical theory.
1. Property is a relation between a person or persons and things. There
can be no property right in persons, but only in things.[55]
2. The right of property faces in two directions: Toward outside nature
and toward fellow human beings. We have a right over the external
things of nature. We have a right to the services, though not to the
personality, of fellow human beings. These two aspects of the right of
property must be kept apart and defined.
It is sometimes held that the human race as a whole, as over against
nature, has the right of dominion. Nature, it is said, is our quarry,
we can take out of it the stones we need to construct the edifice
of civilization. Nature is our tool. The laws of nature, as science
discovers them, become our servants. Nature offers the raw material
which we consume. Nature has no rights as against man. But I hold
that neither has man rights as against nature, except in so far as
he rightly defines the end in the interest of which he makes use of
nature—the maintenance and development of personality.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account