Property is Real or at Least Relatively Real

The materialist definition of Property is that Property is a physical thing like a house or a bicycle. Thus, we start with sense experience and then see that any physical, tangible object that I possess, where this can be verified by sense experience, that is, by positivism, is considered real property. Possession is based on the person having a certain amount of control over the tangible thing, such that the person has at least some ability to exclude others from taking the physical, tangible, from his or her possession. Thus, following Blackstone, Magna Charta, Grotius, and John Locke, a person has a right to use reasonable force to exclude others from trying to steal his property, that is, a person has a natural right to prevent others from wrongfully taking possession of the property that the first person has in his or her possession. Now, after awhile, the idea of constructive possession of property came about. Constructive possession of property is where a legal fiction is used to assert that a person possesses property even though the person is out of town, for example. So, if Joe travels to the village 5 miles away, Joe still has constructive possession of his house and his property therein, even though he is not physically present to defend his property as home. Additionally, once property right began to be recognized, people banded together to protect each other's property and property rights, and thus a legal system was formed. Thus, Sheriff's Law, the Law of Logic, prohibited Sopistry, and began to protect property rights, that is, the person's right to possession of some tangible, physical objects. At this point, we can see that "property" in a sense was no longer just the physical thing in itself, but instead became an intangible legal right. Thus, the Restatement of Property defines Property as "A legal relationship between persons with respect to some thing, tangible or intangible." Thus, property is is both physical and intangible, and the idea of intellectual property which is largely intangible was born. Thus, we can say that property is real, or at least relatively real, and therefore property is not a reified concept. Property starts with the concrete or physical and then moves to intangible aspects. Moreover, we can see that reification is itself an incoherent concept since reification is itself a reified concept. Additionally form property law we can reason to contract law, and then to other forms of law, using logical positivism.

(C)Perpetual Copyright (2011) by Anthony Fejfar and Neothomism, P.C. (PA)