Justice

 

Justice

In an uncivilized world, fairness does not exist. One animal is another’s prey. The lamb may not redress the wolf for its attack.  Effectively might makes (things) right. There is no ability to consider grievances except by counter force. The water buffalo can counter the lion’s attack with its horns. By contrast, justice flows from how humans resolve disputes without the concept of might makes right and instead uses a set of codified rules. That is why all the documents listed in Major Written Mandates of Self-Ownership are so critically important.

As stated previously in The Physical (Real) and Metaphysical (Imagined) there exists the hard reality of the physical universe defined as all of space and time (collectively referred to as spacetime) and their contents. 

Justice is Metaphysical (Imagined). Metaphysics seeks to find if there is any reality beyond our universe. In short, humans invented or imagined it. That is justice, a human invention! Just like tribes, nations, governments, corporations, etc. Courts of Law are Real they have a physical presence but what they do is Metaphysical. The same way that the government has physical buildings but what rationale they use to come to a decision that can affect millions or billions of people, is Metaphysical. Justice is how we resolve disputes. Justice is the weighing of factors between two or more disputing parties, according to socitial rules and norms including all of the written declarations of human rights.  It is related to but not the same as fairness, which will be discussed next. 

1. Justice as a Human Invention (Constructivist View):

• Justice is shaped by culture, law, and social consensus. What’s “just” in one society may be unjust in another.
• Legal systems, moral codes, and rights evolve—suggesting justice is constructed, not discovered.
• Thinkers like Michel Foucault and legal realists argue justice is a tool of power, molded by institutions.

2. Justice as a Universal Principle (Realist View):

• Philosophers like Plato believed justice exists independently of human opinion—an ideal form we strive to approximate.
• Natural law theorists (e.g., Aquinas) argue justice is rooted in reason and nature, not just social agreement.
• This view sees justice as discovered, like mathematics or gravity—not invented.

3. Metaphysical Angle:

• If metaphysics explores realities beyond the physical, then justice might be part of a moral metaphysics—a realm of values and truths that transcend time and culture.
• But if metaphysics itself is a human construct, then justice may be also —a noble fiction we use to organize society.

So Which Is It?

Justice is likely both invented and discovered:

• Invented in its forms (laws, courts, rights).
• Discovered in its aspiration—the deep human intuition that fairness matters, even when it’s hard to define.

Justice may not exist “out there” like a planet or particle, but it’s real enough to shape lives, laws, and legacies. Whether metaphysical or practical, it’s one of humanity’s most powerful ideas.

Yes, natural law is a long-standing philosophical concept that proposes the existence of universal moral principles derived from nature and human reason—independent of man-made laws. However, its validity and application are widely debated.

Here’s a structured overview of what natural law is and how it’s understood:

 What Is Natural Law?

Natural law refers to a system of ethics or justice believed to be inherent in nature and accessible through human reason. It’s not the same as scientific laws (like gravity), but rather a moral framework that transcends cultural or legal boundaries.

• Aristotle argued that some justice is “natural” and valid everywhere, regardless of human opinion.
• St. Thomas Aquinas later systematized natural law, claiming it reflects divine reason and is partially knowable through human intellect.
• The Stoics believed natural law aligned with logos—the rational order of the universe.

Key Principles of Natural Law Theory

• Universality: Applies to all humans, regardless of culture or time.
• Rationality: Can be discovered through reason, not just religious revelation.
• Moral Foundation: Serves as a basis for evaluating man-made laws (positive law).
• Inalienable Rights: Influenced ideas like human rights and constitutional law.

Natural Law vs. Positive Law

Feature	Natural Law	Positive Law
Source	Nature and reason	Human institutions
Universality	Universal and immutable	Varies by society and era
Moral authority	Morally binding	Legally binding, not always moral
Examples	Right to life, fairness	Tax codes, traffic laws

Modern Perspectives

• Legal Positivists (such as H.L.A. Hart) reject natural law, arguing that law is valid based on procedure, not morality.
• Neo-naturalists like John Finnis revive natural law by linking it to human flourishing and practical reason.
• Critics argue natural law is vague, culturally biased, or used to justify power structures.

Influence Today

Natural law has shaped:

• Human rights doctrines
• Constitutional law
• International law
• Ethical debates (e.g., abortion, war, justice)

So while natural law may not be empirically provable, it remains a powerful lens through which societies explore justice, rights, and moral order. Ultimately there will be disputes and some mechanism should provide a resolution based on societies principles and norms. This implies that Justice is the resolution process. It does not require adherence to fairness but that should be a major consideration. The concept of Fairness will be discussed in a future topic.

(Some of the above utilized AI editing to provide clarity). 

Gemini created picture

Major Written Mandates of Self-Ownership

 

Major Written Mandates of Self-Ownership 

In ancient times, individual sovereignty was collective or hierarchical, not individual. Ancient regimes prioritized collective order, divine rule, or elite governance. The idea that individuals could be sovereign—masters of their own rights and destiny—was virtually nonexistent until Enlightenment thinkers reframed political theory in the 17th and 18th centuries. However, the seeds of individual sovereignty were sewn in antiquity and flourished during the Enlightenment. 

Hammurabi's Code (c. 1754 BCE) referred to individual rights, but mainly emphasized upholding state authority and social order. The concept of universal inherent individual rights, especially regarding property and commerce, was not present.  It accepted a hierarchy and that provisions were not universal nor applied equally. It did establish that punishment should be proportionate to the crime. https://www.studentsofhistory.com/hammurabi-s-code#:

 Ancient Greece

No formal “code” of individual rights as understood today.Rights were tied to citizenship in the polis (city-state)—especially in Athens.

Philosophers like Socrates, Plato, and Aristotle emphasized the role of the individual in society but did not advocate for universal individual rights.

 Ancient Rome

Roman law developed legal protection, especially for citizens, but not a universal rights framework. The Twelve Tables (c. 450 BCE) codified legal procedures, property rights, and penalties—but these were class-based.

Civis Romanus (Roman citizen) status granted rights like trial, appeal, and protection from arbitrary punishment.

On the Usability of the Concept of ‘Sovereignty’ for the Ancient World | Sovereignty: A Global Perspective | British Academy Scholarship Online | Oxford Academic

 The Magna Carta of 1215 marked a shift toward greater individual rights and liberties by limiting arbitrary power, providing some protection of property, lawful procedures which led to concepts of a “fair trial” leading to habeas corpus and due process. This was one of the first documented basis to move away from divine right with limited autonomy and no legal recognition of personal sovereignty. It established that no one, not even the king, is above the law. However, the charter was negotiated by rebel barons to safeguard their feudal rights. Several clauses refer to “freemen,” a term that excluded serfs but included knights, merchants, and landowners.

https://archivesfoundation.org/documents/magna-carta/

The English Habeas Corpus Act (1679)

The Habeas Corpus Act establishing the right of individuals to challenge unlawful detention or imprisonment in court, protecting citizens from arbitrary imprisonment, providing a legal safeguard against the abuse of state power. It protects individuals from unjust detention in democratic systems.

Habeas Corpus Act 1679 - Wikipedia

The English Bill of Rights (1689) 

Passed by the English Parliament after the Glorious Revolution, this document outlined specific rights of citizens and limited the powers of the monarchy. It protected parliamentary supremacy and individual freedoms like the right to petition, freedom of speech, and protection from cruel and unusual punishment. It is a cornerstone of English constitutional law and influenced the development of democratic principles, including the establishment of parliamentary democracy and the protection of individual liberties. 

https://en.wikipedia.org/wiki/Bill_of_Rights_1689

The Declaration of Independence (1776) doesn’t explicitly use the phrase “personal property of self,” but it lays the groundwork for that concept through its emphasis on unalienable rights. Here's how it connects:

“All men are created equal": This asserts that each person has intrinsic value and autonomy.

“Endowed by their Creator with certain unalienable Rights": These include Life, Liberty, and the pursuit of Happiness—rights that cannot be taken away because they are inherent to the individual.

Government’s role exists to secure these rights, not to grant them. If it fails, people have the right to alter or abolish it.

Connection to Personal Property of Self

• Self-ownership: The idea that you own your body, your mind, and your labor stems from yourself
• Liberty and autonomy: The Declaration’s emphasis on liberty implies that individuals have control over their own actions, choices, and by extension, their bodies and thoughts.
• Pursuit of Happiness: This phrase is often interpreted as a broader right to self-determination—choosing your path, your beliefs, and your lifestyle.

So, while the Declaration doesn’t spell out “personal property of self,” it’s deeply rooted in the idea that each person is the rightful owner of their own life and choices. It’s a foundational document for the concept of individual sovereignty.

https://www.archives.gov/founding-docs

The Declaration of the Rights of Man and of the Citizen (1789) Adopted during the French Revolution, this document was a declaration of the rights of individuals in the context of the French Republic. It enshrined principles such as equality before the law, freedom of speech, the right to property, and resistance to oppression. One of the most influential documents in the history of human rights, it laid the foundation for the abolition of aristocratic privileges in France and influenced many democratic revolutions worldwide. It also inspired later human rights instruments, including the Universal Declaration of Human Rights.

Declaration of the Rights of Man and of the Citizen | Summary | Britannica

The U.S. Bill of Rights (1791) The first ten amendments to the U.S. Constitution, collectively known as the Bill of Rights, enshrine fundamental freedoms such as freedom of speech, religion, the press, and assembly, as well as protection against excessive punishment and government infringement on individual rights. The Bill of Rights became a model for the protection of civil liberties and individual freedoms in democratic states and has influenced global human rights law. https://www.archives.gov/founding-docs

The Universal Declaration of Human Rights (UDHR) – 1948 Adopted by the United Nations General Assembly, the UDHR is the foundational document for the modern human rights movement. It outlines fundamental human rights to be universally protected, including the right to life, liberty, and security, as well as the rights to education, employment, and freedom of expression. Though not legally binding, it serves as the international standard for human rights and has influenced numerous international laws and national constitutions.

 For a chronology of Human Rights documents since its inception see

https://unsdg.un.org/sites/default/files/Chronology-of-UN-Milestones-on-HR-and-Development_HRWG_2-November-2016-2.pdf

These documents codified laws and reshaped how we think about equality, justice and dignity; all supporting the higher levels of Maslow’s Hierarchy of Needs, particularly: Esteem including self-worth, accomplishments, respect, and Self-Actualization the realization of a person's potential, self-fulfillment, seeking personal growth and peak experiences. If one does not have mastery and sovereignty over oneself, it is a journey that cannot be taken.

Property Rights of Self – Individual Sovereignty

 

Property Rights of Self – Individual Sovereignty

The concept of self-ownership is the idea that each person has exclusive control of their own body, mind and life – in my opinion it is the ultimate property right. It was prevalent in philosophical traditions, especially libertarianism and classical liberalism, in a time frame of the Enlightenment forward. This concept was touched upon by Plato but emphasized self-mastery rather than self-ownership. Self-ownership was historically not prevalent in absolutist monarchies and theocratic states, where individuals were seen as subjects of the ruler or divine authority, not autonomous beings. Self-ownership is a key concept for modern civilization with all forms of human rights being considered.

Serious Exceptions to Self-Ownership

For example, in ancient societies such as Egypt, Greece and Rome and more recent civilizations globally slavery was acceptable. Often slaves were those viewed as “outsiders” of the host civilization, sometimes captured from the opposing side in battle or simply kidnapped. Slavery as it existed in antiquity declined throughout Europe by the Middle Ages, with France and Scandinavia among the first to see it disappear in their domestic territories. 

However, slavery existed in Global Civilization to this day. Modern slavery includes various forms of exploitation where people are coerced, deceived, or forced into situations they cannot escape from:

• Forced labor: People compelled to work under threat or without pay.
• Debt bondage: Workers trapped in endless cycles of debt repayment.
• Sex trafficking: Victims forced into prostitution or sexual exploitation.
• Child slavery: Children used for labor, begging, or armed conflict.
• Forced marriage: Individuals, often women and girls, married against their will

https://www.pulse.ng/articles/lifestyle/countries-that-still-have-slavery-2025040209454943165

As the New World began slavery followed. (The) “First public sale of African slaves in Lagos, Portugal 1482 - Portuguese start building first permanent slave trading post at Elmina, Gold Coast, now Ghana 1510 - First slaves arrive in the Spanish colonies of South America, having travelled via Spain 1518 - First direct shipment of slaves from Africa to the Americas 1777 - State of Vermont, an independent Republic after the American Revolution, becomes first sovereign state to abolish slavery 1780s - Trans-Atlantic slave trade reaches peak 1787.” https://www.reuters.com/article/economy/chronology-who-banned-slavery-when-idUSL15614649/

Bans on slavery were piecemeal. Some of the more important developments were: The UK's 1833 The Slavery Abolition Act, France's 1848 law, US President Lincoln proclaims emancipation of slaves with effect from Jan. 1, 1863; 13th Amendment of U.S. Constitution follows in 1865 banning slavery 1886 and Portugal's 1868 abolition in its colonies, with Spain ending slavery last in its Puerto Rico colony in 1873.  

Feudalism in Europe treated serfs as tied to the land with limited autonomy and no legal recognition of personal sovereignty.

Core Principles of Self-Ownership (with some AI assistance)

• Bodily Autonomy: You have the right to control your own body and make decisions about it without coercion.
• Moral Agency: You are responsible for your actions and choices, and you have the freedom to act according to your own values.
• Property in One’s Person: Your body and labor are considered your property, meaning you own the fruits of your work and decisions.
• Voluntary Exchange: Any interaction—economic, social, or personal—should be based on mutual consent, not force.
• Freedom from External Control: No one else (including governments or other individuals) has the inherent right to dictate how you live your life, unless you infringe on others’ rights.
• Responsibility and Accountability: With ownership comes responsibility—you are accountable for the consequences of your actions. 

John Locke especially in Two Treatises of Government (1689), was a radical reimagining of political authority and personal liberty took the seeds planted by the Magna Carta. Locke cultivated them into a full-blown philosophy of individual rights and self-ownership that would go on to shape modern liberal democracies. 

His key principles are: 

·       Natural Rights: all individuals are born with inherent rights—life, liberty, and property. These weren’t granted by rulers or governments but were intrinsic to human existence. This was a leap beyond the Magna Carta, which only protected certain rights for “free men.”

·       Self-Ownership: Locke wrote that people have “property in their own person,” meaning your body, labor, and choices are yours to control. This was foundational to later ideas about bodily autonomy and personal freedom.

·       Labor Theory of Property: He claimed that when you mix your labor with something in nature (like farming land or crafting goods), it becomes your property. This tied self-ownership directly to economic rights and productivity.

·       Consent of the Governed: Unlike the Magna Carta, which was a forced concession from a monarch, Locke envisioned a government formed by mutual agreement. People consent to be governed in exchange for protection of their rights. If the government fails, they have the right to revolt.

·       Limits on Authority: Locke was clear that no one not even a king could have absolute power over another person. He believed in checks and balances, and that laws must serve the public good, not the whims of rulers. 

A Brief Critique of Locke: 

Thomas Hobbes saw people as selfish, brutish, and driven by fear whereas Locke’s view is that people are rational and cooperative by nature. (https://thehistoryace.com/hobbes-and-locke-3-similarities-and-differences-on-government/) 

Jean Jacques Rousseau believed Locke’s emphasis on property as a natural right was the root of social inequality and argued Locke’s model fosters selfishness and a desire to dominate, rather than honesty and civic virtue. Rousseau saw Locke’s liberalism as insufficient for building a just society—it protects liberty but not equality. https://apeterman.digitalscholar.rochester.edu/phl202f21/jean-jacques-rousseau/jean-jacques-rousseau-john-locke-on-social-contract/)

Related to Rousseau is “Veil of Ignorance” was coined by John Rawls in A Theory of Justice (1971) It’s a thought experiment: Imagine designing a society without knowing your own place in it—your class, race, gender, talents, or social status. The goal is to ensure fairness, because decisions made behind this “veil” would be impartial and just. 

John Stuart Mill believes in freedom unless it harms others, he ties liberty to utility and societal well-being. In other words, maximize happiness for the greatest number (utilitarianism). (Mill, John Stuart. On Liberty Amazon Classics Kindle Edition.)

Karl Marx admired Locke’s notion that labor creates value (the Labor Theory of Value). However, Marx used this to argue against private property, claiming it leads to exploitation and alienation. Locke saw property as a natural right derived from labor. Marx saw this as a justification for capitalist accumulation and inequality. Marx viewed Locke’s philosophy as a foundation for capitalist ideology, which he sought to dismantle. (https://www.researchprospect.com/karl-marxs-critique-of-the-social-contract-theory-of-thomas-hobbes-and-john-locke/)

The Feminist Critique: Locke’s theories largely ignore women’s roles and rights. Critics point out that his social contract assumes a male-centric public sphere and overlooks domestic labor.  Mary Wollstonecraft’s ‘A Vindication of the Rights of Woman’. This pivotal piece, published in 1792, is often seen as the cornerstone of modern feminist theory and a significant force in the evolution of feminism.

In summation there is not a single concept of self-ownership or individual sovereignty, rather there is an evolution of the concept. Jean Jacques Rousseau view is rooted in the belief that freedom is the essence of humanity, and any system that denies it—like slavery or feudalism—is fundamentally illegitimate. As noted, John Locke developed a full-blown philosophy of individual rights and self-ownership that would go on to shape modern liberal democracies.

 Philosophical Foundations of Government

Comparing Locke, Hobbes, Rousseau, and Marx

 

Theme	John Locke	Thomas Hobbes	Jean-Jacques Rousseau	Karl Marx
Human Nature	Rational, cooperative, born equal	Selfish, brutish, competitive	Innocent but corrupted by society	Shaped by material conditions
State of Nature	Peaceful, governed by reason	Chaotic, violent, "war of all"	Peaceful, egalitarian, later corrupted	Classless, but exploited under capitalism
Social Contract	Protects natural rights (life, liberty, property)	Ensures security via absolute rule	Preserves freedom via general will	Abolishes class through revolution
Ideal Government	Representative democracy	Absolute monarchy	Direct democracy (small states)	Stateless, classless communism
View on Property	Natural right tied to labor	Controlled by sovereign	Source of inequality and conflict	Tool of exploitation by bourgeoisie
Role of Government	Protect rights and property	Maintain order and prevent chaos	Express general will, promote equality	Eliminate private property and class
Liberty vs. Equality	Prioritizes liberty	Sacrifices liberty for security	Prioritize equality over liberty	Seeks both through class abolition
Rebellion Justified?	Yes, if rights are violated	No, rebellion leads to anarchy	Yes, if general will is ignored	Yes, to overthrow capitalist system
Education's Role	Promotes rational citizenship	Reinforces authority of sovereign	Cultivates civic virtue and empathy	Raises class consciousness

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(AI Generated, Copilot)

These ideas will help develop principles that are the rationale for government and the rights of those governed. One of the most important developements was The United States Declaration of Independance in 1776. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers..."

https://www.archives.gov/founding-docs/downloads

Modern Property Rights

 Modern Property Rights

Today, property rights are protected by national laws and international agreements, ensuring individuals and businesses can own, transfer, and profit from assets.

Property rights are a fundamental aspect of legal and economic systems, shaping how individuals, businesses, and governments interact with resources.

Key Perspectives:

• Legal Foundation – Property rights are protected by laws that define ownership and usage. In the U.S., the Fifth Amendment’s Takings Clause ensures that private property cannot be taken for public use without just compensation.
• Economic Importance – Property rights are essential for market efficiency. They allow owners to buy, sell, rent, or transfer assets, ensuring stability in economic transactions.
• Philosophical Perspective – Thinkers like John Locke argued that property is a natural right derived from labor. The U.S. Founders embraced this idea, linking property rights to personal liberty.
• Government Regulation – While property rights are protected, governments can impose regulations, such as zoning laws or environmental restrictions, which sometimes lead to disputes over compensation.
• Social Impact – Property ownership is often tied to wealth and social status. Debates arise over whether property rights should be absolute or balanced with broader societal needs.

Even with modern property (patent) rights things can go awry. Nikola Tesla was a visionary, but his life ended in financial ruin due to a combination of business missteps, lost patents, and personal eccentricities.

• Financial Struggles – Tesla had the potential to become one of the richest men in history. His alternating current (AC) patents were worth millions, but he tore up a lucrative contract with Westinghouse, forfeiting royalties that could have made him a billionaire.
• Failed Projects – Tesla invested heavily in ambitious ideas, such as wireless energy transmission, but lacked funding to bring them to fruition. Investors, including J.P. Morgan, eventually withdrew support.
• Rivalries & Missed Opportunities – Tesla lost the race to invent the radio to Guglielmo Marconi, despite having earlier patents that could have secured his claim.
• Isolation & Decline – In his later years, Tesla led a more reclusive life, residing in modest hotels and directing considerable attention toward caring for pigeons.  He died alone in the Hotel New Yorker in 1943, suffering from coronary thrombosis.

Despite his tragic end, Tesla’s legacy remains immense, influencing modern electricity, wireless technology, and even space exploration. His story is a reminder that brilliance alone isn’t enough—financial strategy and business acumen also matter.

Rule of Law

Establishment of dispute resolution process. Laws must be transparent, fair and enforceable. They are the cornerstone of a stable and innovative society. People will respond positively to a fair and just system. A necessary condition is that government, politics, courts and societal norms must conform.

However, justice and especially fairness are subjective. Equitable access to property, education and opportunity are a good starting point. In reality there will always be better and lesser advantaged groups.

So, does establishing property rights make everything perfect? Far from it as we discussed in Value and Worth, Billionaires, Wealth Distribution, Conquest, Conflict, Basic Economics, there remain plenty of problems. Internationally property rights can more easily be compromised as the non-domestic government doesn’t really have a stake in supporting property rights that benefit another country. Recall from Basic Economics, one can create value or steal it.

Perpetual or long duration patents can cause problems, keeping medicine prices high even after initial research and development costs have been recovered. A good example is

The EpiPen, a life-saving device for treating severe allergic reactions, has a fascinating origin and a controversial financial history. (the following is mostly AI generated)

🧪 Development History

• Inventor: Sheldon Kaplan developed the original auto-injector in the 1970s for the U.S. military to deliver antidotes for chemical warfare.
• Civilian Adaptation: Kaplan later adapted the device for medical use, leading to the creation of the EpiPen. It was FDA-approved for epinephrine delivery in 1987.
• Earlier Alternatives: Before the EpiPen, treatments like the Ana-Kit required manual injection, which was slower and more error-prone.

💰 Research and Commercial Costs

• Development Costs: The combined costs of research, development, advertising, and lobbying for the EpiPen totaled around $1 billion.
• Inventor Compensation: Sheldon Kaplan reportedly never received royalties for his invention.
• Marketing and Lobbying: Mylan, which acquired rights to EpiPen in 2007, spent heavily on marketing and lobbying to expand its use—especially in schools. used patent extensions and device tweaks to maintain market dominance even after the original drug patent expired.
• These changes allowed them to delay generic competition, despite epinephrine itself being off-patent.
• 2. Drug-Device Combination Loophole
• The EpiPen is a combination product (drug + device), which falls into a regulatory gray area.
• The FDA treats these differently, allowing companies to maintain exclusivity longer by modifying the injector rather than the drug.
• 3. Regulatory Gaps and Lobbying
• Mylan lobbied heavily to make EpiPens mandatory in schools, boosting demand while limiting competition.
• Weak enforcement and slow regulatory response enabled price hikes—from ~$100 to over $600 for a two-pack.

What in this looks fair?

In summary, property rights are essential; however, their development remains an ongoing and sometimes challenging process.  The very point of this blog is to help one structure arguments with pros and cons and come to one’s own conclusion.

AI generated

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Property Rights

 Property Rights

Property rights have evolved over centuries, shaped by legal, economic, and philosophical developments.

·       Natural and historic – animals’ territory (especially for predators) with fights when territories violated. Human predators were likely similar.

·       Early tribes had specialized tasks, hunters, gatherers, cooks…Consider environment needs like fresh water. Then with the Agricultural Revolution farms and herds needed protection from thieves.

·       Premodern times no patent laws, all inventions could be stolen and often were, so no advantage to inventor if it could be copied. In fact, the inventor might be in peril.  For example: The story of the Prague Astronomical Clock, or Orloj, and its designer, Master Hanuš. According to folklore, after completing the clock in 1410, Hanuš was blinded by city officials to prevent him from replicating his masterpiece elsewhere. While historians debate the accuracy of this tale, it raises compelling questions about property rights and intellectual ownership.

·       Lack of property rights, especially intellectual property rights can discourage innovation, especially where upfront investment is high (like research) and imitation is easy once the formula or method has been  found.

Before Formal Property Rights

Before structured legal systems, property was often controlled by customary laws or communal ownership. In early societies:

• Land and resources were typically shared among tribes or communities.
• Possession was often determined by physical control rather than legal ownership.
• Disputes over land were settled through force, negotiation, or tradition.

The Emergence of Property Rights

• Ancient Civilizations – The Code of Hammurabi (circa 1754 BCE) in Babylon included laws protecting ownership and punishing theft.
• Roman Law (circa 500 BCE - 500 CE) – Established legal property rights, distinguishing between personal and real property.
• Medieval Feudalism – Land was controlled by monarchs and distributed to nobles in exchange for loyalty and military service.
• The Enlightenment (17th-18th Century) – Thinkers like John Locke argued that property was a natural right, influencing modern legal systems.
• Industrial Revolution (18th-19th Century) – Property laws expanded to include intellectual property and corporate ownership.

Property Rights & Intellectual Ownership

• Control Over Creations – The alleged blinding of Hanuš reflects an extreme form of intellectual property protection, where authorities sought to monopolize his craftsmanship.
• State vs. Individual Rights – If true, this act highlights a time when governments exerted control over artisans, limiting their ability to profit from their own work.
• Modern Parallels – Today, intellectual property laws protect creators through patents, copyrights, and trademarks, ensuring they can reproduce, sell, or license their work without fear of suppression.
• Ethical Considerations – The legend raises ethical concerns about who truly owns an invention—the creator or the entity that commissions it? In modern times, disputes over patents and proprietary designs often mirror this dilemma.

While the legend of Hanuš may be exaggerated, it serves as a cautionary tale about the balance between innovation, ownership, and control. Should creators always retain full rights to their work, or are there cases where restrictions are justified?

Before formal copyright laws, creators often struggled to protect their work from unauthorized reproduction. Here are some notable examples:

• Shakespeare’s Plays (16th-17th Century) – William Shakespeare’s works were frequently copied and performed without his permission. Some scholars believe he intentionally altered scripts to prevent unauthorized versions from being widely circulated. There is some speculation that Shakespeare didn’t write all of his plays.
• The Gutenberg Bible (15th Century) – Johannes Gutenberg’s printing press revolutionized book production, but early printed works had no legal protection, leading to widespread copying.
• Venetian Printing Privileges (15th Century) – The Republic of Venice granted exclusive rights to certain printers, effectively creating an early form of copyright. However, these privileges were often temporary and did not fully protect authors.
• French Royal Privileges (17th Century) – In pre-revolutionary France, authors and publishers had to obtain royal approval to publish books. These privileges were exclusive but could be revoked, limiting creative freedom.
• Opera Monopolies (17th Century) – Jean-Baptiste Lully, a composer in Louis XIV’s court, was granted a monopoly over opera performances in France, preventing competitors from staging similar works.

These examples show how creators navigated intellectual property challenges before modern copyright laws.

History is full of cases where inventors had their ideas taken or credited to someone else. Here are some notable examples:

• The Telephone – Alexander Graham Bell is widely credited with inventing the telephone, but Antonio Meucci had developed a similar device years earlier. Meucci couldn't afford the full patent fee, allowing Bell to secure the patent instead.
• The Light Bulb – Thomas Edison is famous for the light bulb, but Joseph Swan had already developed a similar incandescent lamp in Britain. Edison later reached a settlement with Swan.
• Monopoly – The famous board game was originally created by Elizabeth Magie in 1903 as "The Landlord’s Game." Charles Darrow later repackaged it and sold it to Parker Brothers, taking credit for its invention.
• Television – Philo Farnsworth invented the first fully functional electronic television system, but Vladimir Zworykin, working for RCA, attempted to claim credit. Farnsworth won a legal battle but struggled to receive full recognition.
• Intermittent Windshield Wipers – Robert Kearns, an independent engineer, invented the intermittent windshield wiper system and patented it in 1964 and the patent was granted in 1967 but major car manufacturers like Ford and Chrysler used his design without permission. Kearns fought a long legal battle and eventually won damages in 1990 and 1992, but it consumed his life.

The last point about windshield wipers would have been quite different had Kearns worked for Ford or Chrysler. Using their facilities they likely would have been entitled to the invention. How they compensated him would be up to the corporation. This is a similar dynamic we saw in the distribution in Economic Value and Billionaires, concerning sweat equity (the usually lower pay for promise of rewards should the enterprise make it big) for employees in start-ups.

The discussions about Risk, Value and Worth, Billionaires, Wealth Distribution, Conquest, Conflict, Basic Economics, Motivation, and practically every topic relate. 

Private Property 

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