Theories of Property: Aristotle to the Present

404 Pages·1979·17.22 MB·English

by  Anthony Parel

THEORIES OF PROPERTY
Aristotle to the Present
Essays by
C. B. Macpherson James Mac Adam
William Mathie Nannerl Keohane
David Daube Douglas Long
Susan Treggiari John Gray
Anthony Parel E. K. Hunt
James Tully Tom Settle
John Pocock Thomas Flanagan
James Moore Shadia Drury
Edited by
Anthony Parel and Thomas Flanagan
Published for
The Calgary Institute for the Humanities
by
Wilfrid Laurier University Press
Canadian Cataloguing in Publication Data
Main entry under title:
Theories of property
"The essays in this book began as contributions to a
Summer Workshop arranged by the Calgary Institute
for the Humanities, and held at the University of
Calgary from July 7 to 14, 1978."
Bibliography: p.
Includes index.
ISBN 0-88920-081-5 pa.
1. Property - Addresses, essays, lectures.
I. Macpherson, Crawford B., 1911- II. Parel,
Anthony, 1926- III. Flanagan, Thomas, 1944-
IV. Calgary Institute for the Humanities.
HB701.T54 323.4'6'08 C79-094344-1
Copyright © 1979
Wilfrid Laurier University Press
Waterloo, Ontario, Canada
N2L 3C5
iii
TABLE OF CONTENTS
FOREWORD AND ACKNOWLEDGMENTS v
ABOUT THE AUTHORS vi
EDITORS' NOTE viii
Property As Means Or End 3
C. B. Macpherson, University of Toronto
Property In The Political Science Of Aristotle. 13
W. Mathie, Brock University
Fashions And Idiosyncracies In The Exposition Of The
Roman Law Of Property 35
D. Daube, University of California, Berkeley
Sentiment And Property: Some Roman Attitudes. 53
S. Treggiari, University of Ottawa
Aquinas' Theory Of Property 89
A. Pare!, University of Calgary
The Framework Of Natural Rights In Locke's Analysis Of Property:
A Contextual Reconstruction 115
J. Tully, McGill University
The Mobility Of Property And The Rise Of
Eighteenth-Century Sociology 141
J. G. A. Pocock, Johns Hopkins University
A Comment On Pocock 167
J. Moore, Concordia University
Rousseau: The Moral Dimensions Of Property 181
J. MacAdam, Trent University
Rousseau On Life, Liberty And Property: A Comment On MacAdam. . 203
N. 0. Keohane, Stanford University
Bentham On Property 221
D. G. Long, University of Western Ontario
John Stuart Mill On The Theory Of Property 257
J. N. Gray, Jesus College, Oxford University
Marx's Theory Of Property And Alienation 283
E. K. Hunt, University of California, Riverside
The Ground Of Morals And The Propriety Of Property 319
T. Settle, University of Guelph
IV
F. A. Hayek On Property And Justice 335
T. E. Flanagan, University of Calgary
Robert Nozick And The Right To Property 361
S. B. Drury, University of Calgary
BIBLIOGRAPHY 381
INDEX 391
v
FOREWORD AND ACKNOWLEDGMENTS
The essays in this book began as contributions to a Summer Work-
shop arranged by the Calgary Institute for the Humanities, and held at
the University of Calgary from July 7 to 14, 1978. The Institute,
which was founded by the University in 1976 for the encouragement of
humanistic studies, has held such conferences each summer as a part of
its programme of research.
We wish to acknowledge with gratitude the organisational work of
those who arranged the meetings: Egmont Lee, the Institute's Acting
Director during the first six months of 1978; our two editors, who were
also co-chairmen of the conference; and Mrs. Lil Slattery of the Uni-
versity's Conference Office, whose contributions were far too numerous
to mention in detail.
We wish to express thanks to the Social Sciences and Humanities
Research Council of Canada for a grant-in-aid towards the costs of the
workshop; and to thank the Faculties of Continuing Education, Manage-
ment, and Social Sciences for financial support.
We are grateful to the editors for their labours in assembling the
text, and to Gerry Dyer for the heavy work of preparing the final manu-
script from successive drafts.
Terence Penelhum,
Director
VI
ABOUT THE AUTHORS
C. B. Macpherson received his Ph.D. in Political Science from the Uni-
versity of London in 1935. He has long been Professor of Politi-
cal Science at the University of Toronto. Among his books, The
Political Theory of Possessive Individualism (1962), Democratic
Theory (1973), and Property: Mainstream and Critical Positions
(1978) are particularly relevant to the subject of this volume.
He is a Fellow of the Royal Society of Canada and of the Royal
Historical Society of England.
William Mathie received his Ph.D. in Political Science from the Univer-
sity of Chicago in 1974. After teaching at Waterloo, Dalhousie,
and the University of Alberta, he is now Associate Professor of
Political Science at Brock University. He has published articles
on Aristotle and Hobbes, and on George Grant.
David Daube obtained the degree of Dr. Jur. from the University of
GtJttingen in 1932 and a Ph.D. from Cambridge in 1936. After
being Regius Professor of Civil Law and a Fellow of All Souls'
College at Oxford, he is now Professor of Law at the University
of California (Berkeley) and Honorary Professor of History at
the University of Konstanz.
Susan Treggiari was educated at Oxford, receiving the B. Litt. in 1967.
She is presently Associate Professor of Classical Studies at the
University of Ottawa. She is the author of Roman Freedmen during
the Late Republic (1969).
Anthony Parel was awarded a Ph.D. in Political Science from Harvard
University in 1963. He is now Professor and Head of the Depart-
ment of Political Science at the University of Calgary. He has
edited The Political Calculus: Essays on Machiavelli's Philoso-
phy (1972) and Calgary Aquinas Studies (1978), and is now writing
a book on Machiavelli.
James Tully received a Ph.D. from Trinity College, Cambridge in 1977.
His dissertation will be published soon by Cambridge University
Press under the title of A Discourse on Property: Locke in the
Natural Law Tradition. He is Assistant Professor of Political
Science at McGill University.
John Pocock was educated in New Zealand and England, and received a
Ph.D. at Cambridge in 1952. After various appointments in both
History and Political Science at universities in New Zealand,
England, and the United States, he is now Harry C. Black Professor
of History at the Johns Hopkins University. His books include
The Ancient Constitution and the Feudal Law (1957), The Machia-
vellian Moment (1975), and an edition of The Political Works of
James Earring ton (1977).
vn
James Moore studied Political Science at the University of London. He
is Associate Professor of Political Science at Concordia Univer-
sity, Montreal. He is the author of several articles on Hume.
James MacAdam received a Ph.D. in Philosophy from the University of
London in 1958. He is now Professor of Philosophy at Trent Uni-
versity. He is writing a book on Rousseau, and has published
several articles on this topic.
Nannerl Keohane received her Ph.D. in Political Science from Yale.
She is Associate Professor of Political Science at Stanford Uni-
versity. She has written several articles on Rousseau and
eighteenth-century political thought in France. Her book Power
and Participation in French Political Philosophy is to be pub-
lished by Princeton University Press.
Douglas Long received a Ph.D. from the University of London in 1973.
He is now Assistant Professor of Political Science at the Univer-
sity of Western Ontario. His book Bentham on Liberty was pub-
lished by the University of Toronto Press in 1977. He is editing
a volume for The Collected Works of Jeremy Bentham now in pro-
gress.
John Gray received a D. Phil, in Political Science from Oxford in 1977.
He is now Official Fellow and Tutor in Politics, Jesus College,
Oxford. He has published articles on Karl Popper and J. S. Mill,
and is writing a book on Mill.
E. K. Hunt received a Ph.D. in Economics from the University of Utah
in 1968. He is now Associate Professor of Economics at the Uni-
versity of California (Riverside). He has published extensively
in the history of economic thought and in Marxist and radical eco-
nomics. His books include Property and Prophets (1972) and So-
cial Harmony and Class Conflict (forthcoming).
Tom Settle has undergraduate degrees in Physics and Theology. He re-
ceived a Ph.D. in Philosophy from the University of Hong Kong in
1966. He is now Professor of Philosophy and Dean of Arts at the
University of Guelph. In addition to his many articles in the
philosophy of science, he has written In Search of a Third Way:
Is a Morally Principled Political Economy Possible? (1976).
Thomas Flanagan received his Ph.D. in Political Science from Duke Uni-
versity in 1970. He is currently Associate Professor of Politi-
cal Science at the University of Calgary. He is author of Louis
"David" Kiel: "Prophet of the New World," which will be released
by the University of Toronto Press early in 1979.
Shadia Drury received a Ph.D. in Political Science from York Univer-
sity in 1977. She is Assistant Professor of Political Science at
the University of Calgary. Her interests include historial and
analytical political philosophy as well as the philosophy of law.
vm
EDITORS' NOTE
The editors do not feel it is necessary to add a preface to this
volume. The essays can stand on their own merits as contributions to
the theory of property. We have added only a short summary at the
front of each essay which may be of some assistance to the reader.
We would like to thank those whose efforts have made this book
possible. The University of Calgary and the Calgary Institute for the
Humanities supported the workshop on "Property in the Western Tradition"
in July, 1978, and are further supporting the publication of this vol-
ume. Thanks are also due to Tamara Palmer, who helped edit the papers;
and Allison Dube, who compiled the bibliography and index.
Anthony Pare!
Thomas Flanagan
January, 1979
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