Property

About this Collection

Property can be thought of as a “right” which all individuals have, as the basis for the rule of law in a free society, as a key aspect of any properly functioning free market society, and as an important part of the emergence of free societies in the West. The wide range of texts collected here reflects these multiple approaches to property.

Key People

Titles & Essays

THE READING ROOM

A Postscript to Property & Justice: A Liberal Theory of Natural Rights

By: Billy Christmas

I am grateful to the Online Library of Liberty for hosting this discussion of my book, and of course the discussants, Aeon Skoble, Jacob Levy, and Sarah Skwire, for graciously reading and engaging with my work.
In those reflections…
Ancient Law

Sir Henry Sumner Maine (author)

A classic work on the history of law by one of the great English jurists of the 19th century. Another great English jurist, Sir Frederick Pollock wrote an introduction and extensive notes.

The Collected Works of John Stuart Mill, Volume II - The Principles of Political Economy I

John Stuart Mill (author)

Vol. 2 of the 33 vol. Collected Works contains Part 1 of Mill’s Principles of Political Economy.

The Collected Works of John Stuart Mill, Volume V - Essays on Economics and Society Part II

John Stuart Mill (author)

Vol. 5 of the 33 vol. Collected Works contains a number of Mill’s essays on economic topics, including the Chapters on Socialism.

The Collected Works of James M. Buchanan, Vol. 10 (The Reason of Rules)

James M. Buchanan (author)

Vol. 10 of The Collected Works. In his foreword, Robert D. Tollison identifies the main objective of Geoffrey Brennan and James M. Buchanan’s The Reason of Rules: ” . . a book-length attempt to focus the energies of economists and…

Cours d’Economie Politique vol. 1

Gustave de Molinari (author)

Vol. 1 of a 2 volume textbook on classical liberal political economy written by one of the leaders of the French laissez-faire school. It was written when Molinari was in exile in Belgium following the 1848 Revolution.

Cyclopaedia of Political Science, Political Economy vol. 3 Oath - Zollverein

John Joseph Lalor (editor)

Vol. III of a massive 3 volume, 3,000 page compendium of nearly every aspect of 19th century American economics and political institutions. An additional bonus are the numerous translation of articles written for the French-language…

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Economic Harmonies (FEE ed.)

Frédéric Bastiat (author)

This is the translation by the Foundation for Economic Education of Bastiat’s longest and best known work Economic Harmonies. A new translation of this work by Liberty Fund is in progress. See the Summary of the Bastiat Project for…

An Enquiry Concerning Political Justice, Vol. II.

William Godwin (author)

Godwin’s best known work of political theory. Written in the early years of the French Revolution before the Terror had begun, Godwin provides a devastating critique of unjust government institutions and optimistically proposes that…

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Eric Mack on “John Locke on Property” (January 2013)

Eric Mack (contributor)

John Locke (1632-1704) is a key figure in the history of classical-liberal thought. His Second Treatise of Government (1689) is the canonical text in political philosophy that most extensively and systematically...

LIBERTY MATTERS

Eric Mack on “John Locke on Property” (January 2013)

By: Eric Mack, Jan Narveson, Peter Vallentyne, and Michael P. Zuckert

John Locke (1632-1704) is a key figure in the history of classical-liberal thought. His Second Treatise of Government(1689) is the canonical text in political philosophy that most extensively and systematically advances the…
An Essay on the History of Civil Society

Adam Ferguson (author)

A pioneering work of the Scottish Enlightenment in the field of “philosophical history”, or what we would today call sociology. It deals with the social, political, economic, intellectual, and legal changes which accompanied…

Human Action: A Treatise on Economics, vol. 2 (LF ed.)

Ludwig von Mises (author)

In the foreword to Human Action: A Treatise on Economics, Mises explains complex market phenomena as “the outcomes of countless conscious, purposive actions, choices, and preferences of individuals, each of whom was trying as best as…

Individualism: A System of Politics

Wordsworth Donisthorpe (author)

Donisthorpe provides a theory of politics from the individualist standpoint in the tradition of Herbert Spencer and Auberon Herbert. He also attacks the rise of socialism which he regards as the greatest threat to social progress.

Institutes of Roman Law

Gaius (author)

An edition with Latin, English translations, and extensive editorial commentary. The Institutes of Roman Law is Gaius’ best known work which became the authoritative legal text during the late Roman Empire. It was the first…

THE READING ROOM

John Stuart Mill, Private Property, and Slavery

By: Rosolino A. Candela

In recent years, there has been a growing literature among historians regarding the relationship between slavery and capitalism, known as the “New History of Capitalism,” which postulates that slavery was the institutional basis for…
The Law (FEE ed.)

Frédéric Bastiat (author)

The translation by the Foundation of Economic Education of one of Bastiat’s most famous pamphlets, written as part of his opposition to the growth of socialism in France in the 1840s and where he states that “the state is the great…

The Law of Intellectual Property (1855)

Lysander Spooner (author)

Although this is entitled volume 1 and a proposed list of contents for a volume 2 was appended to the work, no volume 2 ever appeared. Spooner takes a strong position on the property right of an author to his ideas in perpetuity with…

Letters of Sidney, on Inequality of Property

John Millar (author)

Millar continues his critique of the war against France with letters to the Earl of Lauderdale.

Leviathan (1909 ed)

Thomas Hobbes (author)

The 1909 edition of Hobbe’s best known work of political philosophy is the edition used by Michael Oakeshott in his discussion of Hobbe’s ideas in Hobbes on Civil Association (1937, 1975 Liberty Fund).

Liberalism: The Classical Tradition (1927) (LF ed.)

Ludwig von Mises (author)

The great Austrian economist Ludwig von Mises provides a concise and tightly-argued one volume defense of classical liberalism, focusing on the core concepts of private property, limited government, peace, and the free market.

The Natural and Artificial Right of Property Contrasted

Thomas Hodgskin (author)

In this series of letters to Lord Braugham, Hodgskin distinguishes between the natural right of property (based upon Lockean principles of natural law) and the artificial right of property (which is decreed by parliament). He…

The Natural Law: A Study in Legal and Social History and Philosophy

Heinrich Rommen (author)

Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of…

The Writings of Gershom Carmichael

Gershom Carmichael (author)

Carmichael was a Scottish jurist and philosopher who became the first Professor of Moral Philosophy at the University of Glasgow in 1727. His writings on natural rights theory, theology, and logic were very influential.

Notions fondamentales d’Économie politique et programme économique

Gustave de Molinari (author)

Towards the end of the 19th century the doyen of laissez-faire economic thought in France evaluates the successes and failures of the liberal reform agenda.

On Civil Liberty and Self-Government

Francis Lieber (author)

Lieber discusses the nature of civil iberty, its history, the rule of law, parliament, the independence of the judiciary, and includes a nuber of English, American, and French constitutinal documents.

The Philosophy of Law

Immanuel Kant (author)

This 1887 translation contains Kant’s General Introduction to the Metaphysic of Morals and both parts of The Science of Right.

The Principles of Ethics, vol. 2 (LF ed.)

Herbert Spencer (author)

Spencer considered The Principles of Ethics to be his finest work. In the second volume he covers the ethics of social life (or justice), negative beneficence, positive beneficence, and a number of topics in several appendices (such…

The Principles of Moral and Political Philosophy

William Paley (author)

This classic work by William Paley was one of the most popular books in England and America in the early nineteenth century. Its significance lies in the fact that it marks an important point at which eighteenth century “whiggism”…

Principles of Politics Applicable to All Governments

Benjamin Constant (author)

In Principles of Politics, Constant “explores many subjects: law, sovereignty, and representation; power and accountability; government, property and taxation; wealth and poverty; war, peace, and the maintenance of public order; and…

Progress and Poverty

Henry George (author)

Perhaps Henry George’s best known work in which he examines the casuses of poverty and, among other things, blames it on the monopoly of land ownership.

THE READING ROOM

Property and Justice: An OLL Book Discussion

By: Sarah Skwire, Jacob T. Levy, and Aeon J. Skoble

I recently had the chance to sit down with Jacob Levy and Aeon Skoble to talk about Billy Christmas's new book Property and Justice: A Liberal Theory of Natural Rights. Its carefully drawn argument about the connections among…
Reflections on the Formation and Distribution of Riches

Anne-Robert-Jacques Turgot (author)

An 1898 edition of one of the more important works on economics before Adam Smith’s Wealth of Nations. It covers a broad range of topics including money, exchange, value, and capital investment in agriculture. Turgot discussed…

The Rights of War and Peace (2005 ed.) vol. 2 (Book II)

Hugo Grotius (author)

Grotius’s Rights of War and Peace is a classic of modern public international law which lays the foundation for a universal code of law and which strongly defends the rights of individual agents - states as well as private persons -…

The Social Contract and Discourses

G.D.H. Cole (editor)

This 1913 edition of Rousseau’s works includes the famous Social Contract as well as 3 discourses on Arts and Sciences, the Origin of Inequality, and Political Economy. Rousseau’s writings inspired liberals and non-liberals alike…

Social Statics (1851)

Herbert Spencer (author)

Spencer’s first major work of political philosophy in which he attempts to lay the basis for a limited state on a rigorous development of a doctrine of natural rights. He begins with a defense of his “first principle” ’that every…

Socialism: An Economic and Sociological Analysis

Ludwig von Mises (author)

This is a newly annotated edition of the classic first published in German in 1922. It is the definitive refutation of nearly every type of socialism ever devised. Mises presents a wide-ranging analysis of society, comparing the…

Socialistic Fallacies

Yves Guyot (author)

Guyot wrote sseveral books attacking socialism in the late 19th and early 20th centuries. Here he provides a brief history of socialist ideas, especially utopian thinking from Plato to Paraguay, and an extensive critique of modern…

Les Soirées de la Rue Saint-Lazare (1849)

Gustave de Molinari (author)

Following the rise of socialism in France during the 1840s and the 1848 Revolution, Molinari wrote this fictitious “dialogue” between an economist, a conservative, and a socialist, to expose the folly of socialism, demonstrate how…

United States. Declaration of Independence. United States–Politics and government–1775-1783.

John Maxcy Zane (author)

Written for the layman as well as the attorney, The Story of Law is the only complete outline history of the law ever published. Zane lucidly describes the growth and improvement of the law over thousands of years, and he points out…

A Treatise of Human Nature

Lewis Amherst Selby-Bigge (editor)

Hume’s first major work of philosophy published in 1739 when he was just 29 yeas old. It is made up of three books entitled “Of the Understanding”, “Of the Passions”, and “Of Morals”. In the book he uses his sceptical rationalism to…

A Treatise on Political Economy

Jean-Baptiste Say (author)

One of the most influential works on Political Economy in the 19thC. It set the stage for the development of the study of political economy in France and an early translation into English helped make it become the most used economics…

The Two Treatises of Civil Government (Hollis ed.)

Thomas Hollis (editor)

Locke’s most famous work of political philosophy began as a reply to Filmer’s defense of the idea of the divine right of kings and ended up becoming a defense of natural rights, especially property rights, and of government limited…

Where and Why Public Ownership has Failed

Harriet Franc Baker (translator)

One of several books Guyot wrote attacking socialism in the late 19th and early 20th centuries. In this volume, drawing upon his experience as the French Minister for Public Works, Guyot discusses the differences between public and…

The Whole Duty of Man According to the Law of Nature (1673, 2003)

Samuel von Pufendorf (author)

The Whole Duty of Man (first published in Latin in 1673), was among the first works to suggest a purely conventional basis for natural law. Rejecting scholasticism’s metaphysical theories, Pufendorf found the source of natural law in…

The Works of Jeremy Bentham, vol. 2

John Bowring (editor)

An 11 volume collection of the works of Jeremy Bentham edited by the philosophic radical and political reformer John Bowring.

The Writings of Thomas Paine, Vol. III (1791-1804)

Thomas Paine (author)

Vol. 3 of a 4 vol. collection of the works of Thomas Paine. Vol. 3 (1791-1804) contains various letters and articles on the French Revolution, Paine’s draft of the French Declaration of Rights, Agrarian Justice, and To the Citizens…

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Quotes

Property Rights

Auberon Herbert on the “magic of private property” (1897)

Auberon Herbert

Parties & Elections

Auberon Herbert warns that the use of force is like a wild and dangerous beast which can easily get out of our control (1906)

Auberon Herbert

Property Rights

David Ricardo on how “insecure tenure” of property rights harms the poor (1824)

David Ricardo

Property Rights

Herbert Spencer on human nature and the right to property (1851)

Herbert Spencer

Property Rights

J.B. Say on the self-evident nature of property rights which is nevertheless violated by the state in taxation and slavery (1817)

Jean-Baptiste Say

Property Rights

James Mill on the natural disposition to accumulate property (1808)

James Mill

Property Rights

John Taylor on how a “sound freedom of property” can destroy the threat to Liberty posed by “an adoration of military fame” and oppressive governments (1820)

John Taylor

Property Rights

Lord Kames states that the “hoarding appetite” is part of human nature and that it is the foundation of our notion of property rights (1779)

Henry Home, Lord Kames

Property Rights

Louis Wolowski and Pierre Émile Levasseur argue that Property is “the fruit of human liberty” and that Violence and Conquest have done much to disturb this natural order (1884)

Louis Wolowski

Property Rights

McCulloch argues that the right to property extends to “the faculties of (one’s) mind and the powers of (one’s) body” (1864)

John Ramsay McCulloch

Property Rights

Molinari defends the right to property against the socialists who want to overthrow it, and the conservatives who defend it poorly (1849)

Gustave de Molinari

Rhetoric of Liberty

Molinari on mankind’s never-ending struggle for liberty (1849)

Gustave de Molinari

Property Rights

Percy Shelley on the two types of property [1820]

Percy Bysshe Shelley

Economics

Robert Molesworth on the benefits of open borders and free immigration (1705)

Robert Molesworth

Property Rights

Say on a person’s property right in their own “industrious faculties” (1819)

Jean-Baptiste Say

Law

Sir Edward Coke declares that your house is your “Castle and Fortress” (1604)

Sir Edward Coke

Property Rights

Sir William Blackstone argues that occupancy of previously unowned land creates a natural right to that property which excludes others from it (1753)

Sir William Blackstone

Politics & Liberty

Spooner on the “knaves,” the “dupes,” and “do-nothings” among government supporters (1870)

Lysander Spooner

Religion & Toleration

St. John, private property, and the Parable of the Wolf and the Good Shepherd (2ndC AD)

Saint John

Property Rights

Thomas Hodgskin argues for a Lockean notion of the right to property (“natural”) and against the Benthamite notion that property rights are created by the state (“artificial”) (1832)

Thomas Hodgskin

Property Rights

Thomas Hodgskin on the futility of politicians tinkering with bad laws when the whole political system needed to be changed (1832)

Thomas Hodgskin

Property Rights

William Paley on the tragedy of the commons (1785)

William Paley

Property Rights

Wolowski on property as a sacred right which is an emanation from man’s very being (1863)

Louis Wolowski