DB Theories of Property and Property Rights

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California Coast University *

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550

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Law

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May 21, 2024

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docx

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Uploaded by julieannephan

Discussion Thread: Theories of Property and Property Rights One of the six theories on property and property rights in Chapter 2 that has been chosen for analysis in this discussion post is the first occupancy theory. The belief is based on the idea that the individual who first gets something should be seen as its right owner. This concept has been embraced since the early days of the world in its natural state. This strategy of buying property by obtaining an item before others has evolved from basic items like food to large and permanent assets such as real estate. Comparison the Occupancy Theory with Biblical Passages Genesis 1:26-30 The verses describe how God granted Adam and Eve ownership and permission to use various resources, detailing the origin of humanity. For example, Genesis 1:28 (NIV) shows that God gave them permission to have dominion over creatures like fish, birds, and animals that walk on the ground. The remaining lines show that they provided all seed-bearing and green

plants for nourishment. Tis aligns directly with the theory as they are both based on the same principle. Adam and Eve owned and used the land, animals, and plants as the first individuals to own and use them. Genesis 2:15 This passage shows that it was God who took the first step in placing a man on the earth. The man was also granted permission to use or consume the trees found on the land. It deviates from the theory by not directly tackling the issue of ownership, which surpasses the concept of possession. The man was place on the land and told to cultivate and consume its yield, which included vegetation. It is unclear if the man had ownership of the land or the plants growing on it. Nevertheless, the theory also considers being the original user of something as a factor in deciding ownership. This mirrors the passages in which Adam was the first individual to cultivate the land and eat the vegetation growing on it. By this line of reasoning, it might be argued that the man owned both the land and its vegetation after having used them before anybody else. Exodus 20:15-17 The verses give instructions forbidding others from stealing, bearing false witness, or wishing for other belongings such as homes, donkeys, or

spouses. This contrasts with the theory as the verses do not center on elucidating the process of owning distinct items. However, it recognized the idea of possession while cautioning against taking or wishing what is owned by others. It is also considered a destructive sin without the consent and privilege of the owner. Analysis of the Principles The theory examines the first and second passages in Genesis 1:26-30 and Genesis 2:15 directly and indirectly in the third passage, Exodus 20:15- 17, respectively. The key principles involve owning distinct items through either seizing them first or having possession of them. They are mentioned in the first passage as Adam and Eve were given ownership of the land, along with all the animals and plants on it, by God, allowing them to be the first to use it. Overall, the argument above resembles the second one, which discussed how God granted man the authority to use the land and required him to use it. The primary components of this verse involve being the first user, ownership, and focusing on a task. Ownership can be justified by considering these factors when applying the theory. Nevertheless, the third paragraph simply addressed the matter of ownership by instructing individuals to refrain from desiring and taking what is not rightfully theirs. The techniques used by these individuals to get the possessions can only be inferred as they are not explicitly stated.

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