General observation on the origin of the right of property and its philosophical aspects
| Author | Erida Pejo |
| Position | University of Tirana |
| Pages | 21-31 |
Vo
l. 4 N
o
.
3
N
ovember
,
201
8
ISS
N 2410-391
8
A
cces on
l
ine at www.ii
p
cc
l
.or
g
21
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
General observation on the origin o
f
the right o
f
propert
y
and its philosophi
-
cal as
p
ect
s
PhD Erida Pe
jo
U
niversity o
f
Tirana
Ab
str
a
ct
A
s a substantial aspect of social, philosophical and economic life, property rights have been
a
ssessed in Western jurisprudence literature and beyond as one of the most controversial
i
ssues and has
g
enerated controversial views re
g
ardin
g
its ori
g
ins, functions and bases.
I
n
the philosophical thought of antiquity to that of the contemporary world, there is a complex
of historically conditioned a itudes regarding the nature of ownership and its role in the
e
volution of society.
T
hrough the analysis of the philosophical aspects of the property right, this paper aims to
conclude that, all this complex of thoughts and a itudes historically conditioned on the nature
of ownership and its role in the evolution of society, but also the human conscience about the
e
conomic-political system or the development of the judicial concept on property, have had a
s
ignifi cant infl uence on the essence and philosophy of law in the form and style of the codes
of many nations
.
Ke
y
words: property right, ownership, private property, natural law, freedom.
The origin of propert
y
institution
P
ro
p
ert
y
as an im
p
ortant social and economic institution in the
f
unctioning and
e
volution o
f
social and state li
f
e
,
in its initial
f
ormations is encountered in ancient
p
olitical societies, where the subject o
f
p
ro
p
ert
y
was mainl
y
considered the land
an
d
t
h
is is
k
nown as a co
ll
ective
p
ro
p
ert
y
. T
h
e
E
g
yp
tian, Jewis
h
, an
d
ot
h
er
O
rienta
l
c
ivilizations knew ownershi
p
o
f
land and animals, as relationshi
p
s governed b
y
basic
j
uridical norms.
A
lthough the data is
f
ragmented, di
erent t
yp
es o
f
ownershi
p
, such
as collective,
p
ublic or individual, were known in Meso
p
otamia. The la er
f
ound
u
se and began to
p
er
f
ection in
A
ncient Greece, in the
p
olis regime.
O
wnershi
p
on
l
and was the exclusive a ribute o
f
p
olis citizens and onl
y
exce
p
tionall
y
it could be
recognized even b
y
f
oreigners through decrees issued b
y
the res
p
ective state-cit
y
authorities.
E
ven in S
p
arta we have the
fi
rst s
p
arks o
f
the
p
ossibilit
y
o
f
p
ro
p
ert
y
a
l
ienation (
E
nge
l
s, 1980)
.
E
ven in Greek Polis
,
under the in
fl
uence o
f
O
riental monarchies
,
the land was owned
by
the sovereign and individuals could onl
y
enjo
y
a concession that did not violate
the state's su
p
erior law against which a s
p
eci
fi
c tax was
p
aid. The institute o
f
in
anti
q
uit
y
could not esca
p
e criticism,
f
or exam
p
le, Cicero, who, with his anal
y
sis
stigmatizing greed
f
or
p
ro
fi
t, asserted that the reason wh
y
p
eo
p
le were organized
i
n the communit
y
stemmed
f
rom the need to
p
rotect the
p
ro
p
ert
y
.
I
n ancient Roman
l
iterature it is argued that in the age when
p
eo
p
le lived without knowing about the
o
wners
h
i
p
an
d
p
ower structures, t
h
e
y
l
ive
d
in
p
eace, ca
ll
ing it t
h
e "go
ld
en age". T
h
is
"m
y
th" o
f
the harmon
y
o
f
human relations began to be overwhelmed b
y
the desire
To continue reading
Request your trial