The word Property has been used in nearly as many senses as the word
Law. The best definition I have met with is John Austin’s “any right
which gives to the entitled party such a power or liberty of using
or disposing of the subject ... as is merely limited generally by
the rights of all other persons.”[70] This applies only to private
property. It will be convenient in discussing the various claims of the
State, the municipality, and the individual, to use the word in a wider
sense to denote not only the “power or liberty” of the individual, but
also the “rights of all other persons.” In this sense I shall speak
of the property of the State or municipality. I shall also draw a
distinction, economic perhaps rather than legal, between property in
things, or the exclusive right of access to defined material objects,
property in debts and future services, and property in ideas (copyright
and patent right).
The material things in which valuable property rights can exist, may
be roughly divided into means of production and means of consumption.
Among those lowest tribes of savages who feed on fruit and insects,
and build themselves at night a rough shelter with boughs of trees,
there is little distinction between the acts of production and
consumption. But in a populous and civilised country very few even of
the simplest wants of men are satisfied directly by nature. Nearly
every commodity which man consumes is produced and renewed by the
deliberate application of human industry to material objects. The
general stock of materials on which such industry works is “Land.” Any
materials which have been separated from the general stock or have
been already considerably modified by industry, are called capital
if they are either to be used to aid production or are still to be
worked on before they are consumed. When they are ready to be consumed
they are “wealth for consumption.” Such an analysis, though generally
employed by political economists, is of necessity very rough. No one
can tell whether an object is ready for immediate consumption or not,
unless he knows the way in which it is to be consumed. A pine forest
in its natural condition is ready for the consumption of a duke with
a taste for the picturesque; for he will let the trees rot before
his eyes. Cotton-wool, a finished product in the hands of a doctor,
is raw material in the hands of a spinner. But still the statement
that Socialists work for the owning of the means of production by the
community and the means of consumption by individuals, represents
fairly enough their practical aim. Not that they desire to prevent
the community from using its property whenever it will for direct
consumption, as, for instance, when a piece of common land is used
for a public park, or the profits of municipal waterworks are applied
to keep up a municipal library. Nor do they contemplate any need for
preventing individuals from working at will on their possessions in
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