LL105 Property 1 Revision Lecture

Topics: (all these questions essentially ask: what is property?)

Locke
Mabo
Hegel
Cultural Property
Property in the body
Commons
Rifkin age of access

Good way to structure exam essays:

1. Issue Rule Analysis Conclusion (IRAC)

Issue - Re-state the Question, identify the issue
Common Q: Is lockes philosophy of property still relevant in the modern
day?

Rule:
List in a couple of sentences, what authorities will you be using to
answer Q I will answer Q using relevant articles/cases. I will talk
about Lockes argument

Analysis Apply the rule to the issue in 2-3 paragraphs.
Compare, contrast, analyse, agree or disagree with the question using
the authorties as support for your arguments.

E.g. In order to assess if Lockes philosophy is still relevant, I will consider the
ongoing importance of Locks labour mixing principle

Conclusion:
Sums up your argument or position in one/two sentences that answer
the question/address the issue.
E.g. In conclusion, I still argue that Lockes principle is still relevant

WHAT IRAC looks like?

One paragraph = re-stating the Q.

Most important quality in exams: Clarity of expression and logical arguments.
Figure out how to say something clearly/logically before the actual
exam!
Better to maintain an argument throughout with less substantive
information than throw all information relevant to question.

Write on every 2
nd
line so that you can make amendments.

How to get a first?

Write very clearly, make the general questions and own them! Tailor the
question to your strengths! If you dont know much, pick something you
actually know and be intelligent about it!


What is property?

A set of good or resources,
Which are capable of being owned,
By a particular person or legal entity.

Basic elements of a property claim:

1. Must have set of goods/resources that can be capable of being owned!

What does this mean? (Core Q in each topic)

Locke: If all the world was given to men in common, how do we get
private property? (What are the sets of good/resources that are capable
of being owned, under what circumstances, by whom and what means?)

Mabo: If Australia terra nullius and thus colonized by the English, how
do the Merriam island get ownership rights other than gift of the crown?

(What are the resources = Australia, capable of being owned = Crown
gives ownership rights but is that it? By getting rid of terra nullius, you
accept pre-existing property rights by ABORIGINALS)

Hegel: If all of us are slaves and thus not in control of our own
labour/resources, how do we get identity rights in our world, and
property rights in what we produce? (Hegel Our labour is our
resources, mode of appreciation = doing the work. In doing the work,
we get identity (rights) in what we produce)

Cultural Property: If culture is by its nature fluid and constantly being
re-created, how do we assign ownership rights to it, and especially to
particular people?

(Can culture be a set of resources, capable of being owned, by a particular
person or legal identity Some say yes = legal rights of culture clearly lie with
certain entitites! Some say no notion of culture is too fluid, culture = common
heritage of mankind)

Property in the body: If the body is the same as the human being, how
can we argue for property rights in bodies or body parts without
commodifying human being and removing their dignity?
(Can a body be considered a set of goods/resources (capable of being
owned in the marketplace, By a particular person or legal entity!

Body is not the same as labour mere fact that you have a body doesnt
mean you are laboring.

The Commons: If there are any un-owned spaces open to the use of all, do
we need to police them by property rights so we do not exhaust the
resources?

By definition, Commons cannot be owned but should they be?

Rifkin: If we are know moving to a networked economy in which we are more
interested in access to experiences and information than in ownership of
physical objects, do we still need private property in the Lockean sense?

Do we still need private property in the same way Is our need for
property Hegelian, in that property is defined by the

Why need private property? Gives us sense of security (and status) of
ownership of goods is it important that we still have this? When is it
important, when is it not?

So, if property is ownership/control over a definable resource by a definable
person or legal entity, which it is

Each of these topics attempts to make you think where