Private Property Rights
The absence of land title absolutely hurts the poorest of the poor... You can't start an economy without ownership not being in question. This is my fundamental.
- Herman Chinery-Hesse
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Private Property Rights Defined
Private property rights refer to a cluster of rights that property owners may possess in whole or in part. These include the right to control, rent, benefit from and trade all or part of a property. Typically these rights are circumscribed by one or more regulations, including regulations to protect future generations who may own the property, or to protect the adjoining property of others.
Table of Contents
- Private Property Rights Defined
- Private Property Rights in Developing Countries
- Private Property Rights in the Judeo-Christian Tradition
- A Prudential Case for Private Property
Private Property Rights in Developing Countries
In the developing world, an ongoing challenge has been to ensure robust property rights for the poor, who frequently never get secure title to their land and live in fear of being pushed off their land by powerful interests. The lack of property rights for the poor also prevents them from gaining access to capital or to pursue higher yield, long-term investments in their property (e.g., planting almond trees instead of an annual crop).
Private Property Rights in the Judeo-Christian Tradition
The idea that some individuals should or do possess property rights is as old as human history, and a strong natural law argument can be made in favor of private property rights. The Judeo-Christian tradition supports private property rights even as it has encouraged generosity, charity and a sense of solidarity among humans. The institution of private property is assumed throughout the Old and New Testaments, grounded in the idea that humans are made in the image of God and have been appointed as stewards of creation.
In the Ten Commandments, the law against stealing presupposes private property; the book of Genesis describes approvingly Abraham’s effort to purchase and own a field as a family burial site, and the Levitical code is filled with various rules for protecting people’s property rights.
Private property, however, is not considered an absolute good in the Christian tradition. Property is an instrumental good that exists to serve more essential goods such as human life. Nevertheless, it is usually only in instances of what is called “extreme necessity” (e.g., imminent danger of death) that private property should become “common” again – and even then people are called to make just restitution after the danger has passed. Otherwise, a society runs the danger of using the notion of “common good” in an ever more expansive way until the rights of private property have largely vanished. In such circumstances, neither the individual’s good nor the common good is well served.
At the root of Christianity’s approach to property is the idea, expressed in the book of Genesis, that God has made the world for all people. In the beginning and now, God provides material goods for the use of all. This is the principle of the universal destination of material goods. This simply means that the earth is to be used by and on behalf of all people. It does not mean that human persons jointly own the material world, with each being entitled to an equal share. Rather, it means that nothing in “subhuman” creation ever comes with a label saying: “this good is predestined for this person but not that one, this group but not that.”
A Prudential Case for Private Property
Throughout history, Christianity has taught that the issue of how the earth’s resources are to be used for the benefit of all is left for people to work out rationally, in accordance with principles of justice, and with a view to promoting the common good. Christian teaching, history, and experience tells us that the institution of private property and market exchange are normally the best ways of enabling material things to serve human individuals and communities. First, people tend to take better care of what is theirs than of what is common to everyone, since individuals tend to shirk a responsibility which is nobody’s in particular. Second, if everyone were responsible for everything, the result would be confusion and tension. Third, there is a link between the ownership of property and the willingness to assume personal responsibility for oneself and one’s family.
Empirically, there is a strong association between robust, widespread private property rights and economic prosperity. There are no instances of societal-wide common ownership of goods being associated with sustained economic growth. Nor do societies where private property rights are widely undermined by crime and political corruption tend to thrive economically.
Peruvian economist Hernando De Soto has described the tendency of robust property rights to unleash economic flourishing as “the mystery of capital.” In part, this strong tendency results from the incentives linked to acquiring property. In other words, if a person has some hope of acquiring secure property, the person has a stronger incentive to work, save and acquire property, and to cultivate or otherwise improve the acquired property for long-term returns.
Robust property rights spur economic growth also because they tend to limit state power. In this regard, the institution of private property supports the rule of law inasmuch as it requires a legal apparatus that aids property’s creation, exchange and distribution. This in turn restricts the state’s ability to behave in arbitrary ways that discourage entrepreneurial initiative and investment.
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