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...for Locke, the “property” therein is equivalent to the power expended in cultivation and
care -i.e., in transforming the primary qualities of the almost worthless materials given in
common. Life and estate, like liberty and will, belong only to active agents, and for the
same reason: all, when properly identified, are simple modes of power and by the nature
of things are resident only within (that is, are the rights only of) the agents. When Locke
said that men naturally have certain rights, he meant that these result from the fact that
nature, including the human mind which “knows” these rights, is constituted as it is. To
Locke, in other words, men possess their rights epistemologically as well as practically;
indeed, they possess them practically only because they possess them epistemologically.
(Milam. 1967, pp. 26-27)
18th Century
In France, Montesquieu surveyed historical and ethnographic evidence to argue that
natural law consists of the rights and duties that universally produce social good, such as
self-preservation, freedom, and mutual obligation. In his 31-volume Spirit of the Laws, he
described a cultural ecology of property: government and law, which establish property, are
unique for each nation depending on climate and geography and on cultural mores, commerce,
and religion (Lowenthal, 1963). He noted that hunting and pastoral peoples had near equality
of possessions and thus little dominance and exploitation of one another. Montesquieu also
argued strongly against slavery, but noted that all people have a deep-seated desire to have the
servile services of others (Lowenthal, 1963).
Rousseau (1755/1964) built upon both Locke and Montesquieu and further reinforced the
image of the “Noble Savage”, free and unconstrained by property restrictions (Bloom, 1963).
Moreover he began to elaborate on the mechanisms of cultural evolution that transformed
primitive, communal man to civilized propertied man:
It was iron and corn which first civilized men. From the moment one man began to stand
in need of the help of another; from the moment it appeared advantageous to any one man
to have enough provisions for two, equality disappeared, property was introduced, work
became indispensable and....slavery and misery were soon to germinate and grow up with
the crops. (Rousseau, in Schlatter, 1951, p. 208)
Nevertheless, in his later elaboration of political economy and the social contract, Rousseau
came to argue for private property as one of the most important rights of citizenship (Schlatter,
1951). Of the eighteenth century French physiocrats that followed Rousseau, Holbach most
clearly addressed property in psychological terms. For example, he argued thata field becomes
a part of, and identified with, the person who cultivates it and waters it with the sweat of labour
(Schlatter. 1951).
Still more psychological were the explanations of property by the eighteenth century
British empiricists, with their particular emphasis on instinctive passions and on mechanisms