The Second
Treatise of Government,
Chapter 5:
Of Property
John Locke
1690
Sect. 25. Whether we consider natural reason,
which tells us, that men, being once born, have a right to their
preservation, and consequently to meat and drink, and such other things as
nature affords for their subsistence: or revelation, which gives us
an account of those grants God made of the world to Adam, and to Noah,
and his sons, it is very clear, that God, as King David says, Psal.
cxv. 16. has given the earth to the children of men; given it to
mankind in common. But this being supposed, it seems to some a very great
difficulty, how any one should ever come to have a property in any
thing: I will not content myself to answer, that if it be difficult to
make out property, upon a supposition that God gave the world to Adam,
and his posterity in common, it is impossible that any man, but one
universal monarch, should have any property upon a supposition,
that God gave the world to Adam, and his heirs in succession,
exclusive of all the rest of his posterity. But I shall endeavour to shew,
how men might come to have a property in several parts of that
which God gave to mankind in common, and that without any express compact
of all the commoners.
Sect. 26. God, who hath given the world to
men in common, hath also given them reason to make use of it to the best
advantage of life, and convenience. The earth, and all that is therein, is
given to men for the support and comfort of their being. And tho' all the
fruits it naturally produces, and beasts it feeds, belong to mankind in
common, as they are produced by the spontaneous hand of nature; and no
body has originally a private dominion, exclusive of the rest of mankind,
in any of them, as they are thus in their natural state: yet being given
for the use of men, there must of necessity be a means to appropriate
them some way or other, before they can be of any use, or at all
beneficial to any particular man. The fruit, or venison, which nourishes
the wild Indian, who knows no enclosure, and is still a tenant in
common, must be his, and so his, i.e. a part of him, that another
can no longer have any right to it, before it can do him any good for the
support of his life.
Sect. 27. Though the earth, and all
inferior creatures, be common to all men, yet every man has a property
in his own person: this no body has any right to but himself. The labour
of his body, and the work of his hands, we may say, are properly
his. Whatsoever then he removes out of the state that nature hath
provided, and left it in, he hath mixed his labour with, and joined
to it something that is his own, and thereby makes it his property.
It being by him removed from the common state nature hath placed it in, it
hath by this labour something annexed to it, that excludes the
common right of other men: for this labour being the unquestionable
property of the labourer, no man but he can have a right to what that is
once joined to, at least where there is enough, and as good, left in
common for others.
Sect. 28. He that is nourished by the
acorns he picked up under an oak, or the apples he gathered from the trees
in the wood, has certainly appropriated them to himself. No body can deny
but the nourishment is his. I ask then, when did they begin to be his?
when he digested? or when he eat? or when he boiled? or when he brought
them home? or when he picked them up? and it is plain, if the first
gathering made them not his, nothing else could. That labour put a
distinction between them and common: that added something to them more
than nature, the common mother of all, had done; and so they became his
private right. And will any one say, he had no right to those acorns or
apples, he thus appropriated, because he had not the consent of all
mankind to make them his? Was it a robbery thus to assume to himself what
belonged to all in common? If such a consent as that was necessary, man
had starved, notwithstanding the plenty God had given him. We see in commons,
which remain so by compact, that it is the taking any part of what is
common, and removing it out of the state nature leaves it in, which begins
the property; without which the common is of no use. And the taking of
this or that part, does not depend on the express consent of all the
commoners. Thus the grass my horse has bit; the turfs my servant has cut;
and the ore I have digged in any place, where I have a right to them in
common with others, become my property, without the assignation or
consent of any body. The labour that was mine, removing them out of
that common state they were in, hath fixed my property in
them.
Sect. 29. By making an explicit consent of
every commoner, necessary to any one's appropriating to himself any part
of what is given in common, children or servants could not cut the meat,
which their father or master had provided for them in common, without
assigning to every one his peculiar part. Though the water running in the
fountain be every one's, yet who can doubt, but that in the pitcher is his
only who drew it out? His labour hath taken it out of the hands of
nature, where it was common, and belonged equally to all her children, and
hath thereby appropriated it to himself.
Sect. 30. Thus this law of reason makes
the deer that Indian's who hath killed it; it is allowed to be his
goods, who hath bestowed his labour upon it, though before it was the
common right of every one. And amongst those who are counted the civilized
part of mankind, who have made and multiplied positive laws to determine
property, this original law of nature, for the beginning of property,
in what was before common, still takes place; and by virtue thereof, what
fish any one catches in the ocean, that great and still remaining common
of mankind; or what ambergriese any one takes up here, is by the labour
that removes it out of that common state nature left it in, made
his property, who takes that pains about it. And even amongst us,
the hare that any one is hunting, is thought his who pursues her during
the chase: for being a beast that is still looked upon as common, and no
man's private possession; whoever has employed so much labour about
any of that kind, as to find and pursue her, has thereby removed her from
the state of nature, wherein she was common, and hath begun a property.
Sect. 31. It will perhaps be objected to
this, that if gathering the acorns, or other fruits of the earth, &c.
makes a right to them, then any one may ingross as much as he will. To
which I answer, Not so. The same law of nature, that does by this means
give us property, does also bound that property too. God
has given us all things richly, 1 Tim. vi. 12. is the voice of reason
confirmed by inspiration. But how far has he given it us? To enjoy.
As much as any one can make use of to any advantage of life before it
spoils, so much he may by his Tabour fix a property in: whatever is beyond
this, is more than his share, and belongs to others. Nothing was made by
God for man to spoil or destroy. And thus, considering the plenty of
natural provisions there was a long time in the world, and the few
spenders; and to how small a part of that provision the industry of one
man could extend itself, and ingross it to the prejudice of others;
especially keeping within the bounds, set by reason, of what might
serve for his use; there could be then little room for quarrels or
contentions about property so established.
Sect. 32. But the chief matter of
property being now not the fruits of the earth, and the beasts that
subsist on it, but the earth itself; as that which takes in and
carries with it all the rest; I think it is plain, that property in
that too is acquired as the former. As much land as a man tills,
plants, improves, cultivates, and can use the product of, so much is his property.
He by his labour does, as it were, inclose it from the common. Nor will it
invalidate his right, to say every body else has an equal title to it; and
therefore he cannot appropriate, he cannot inclose, without the consent of
all his fellow-commoners, all mankind. God, when he gave the world in
common to all mankind, commanded man also to labour, and the penury of his
condition required it of him. God and his reason commanded him to subdue
the earth, i.e. improve it for the benefit of life, and therein lay
out something upon it that was his own, his labour. He that in obedience
to this command of God, subdued, tilled and sowed any part of it, thereby
annexed to it something that was his property, which another had no
title to, nor could without injury take from him.
Sect. 33. Nor was this appropriation
of any parcel of land, by improving it, any prejudice to any other
man, since there was still enough, and as good left; and more than the yet
unprovided could use. So that, in effect, there was never the less left
for others because of his enclosure for himself: for he that leaves as
much as another can make use of, does as good as take nothing at all. No
body could think himself injured by the drinking of another man, though he
took a good draught, who had a whole river of the same water left him to
quench his thirst: and the case of land and water, where there is enough
of both, is perfectly the same.
Sect. 34. God gave the world to men in
common; but since he gave it them for their benefit, and the greatest
conveniencies of life they were capable to draw from it, it cannot be
supposed he meant it should always remain common and uncultivated. He gave
it to the use of the industrious and rational, (and labour was to
be his title to it;) not to the fancy or covetousness of the
quarrelsome and contentious. He that had as good left for his improvement,
as was already taken up, needed not complain, ought not to meddle with
what was already improved by another's labour: if he did, it is plain he
desired the benefit of another's pains, which he had no right to, and not
the ground which God had given him in common with others to labour on, and
whereof there was as good left, as that already possessed, and more than
he knew what to do with, or his industry could reach to.
Sect. 35. It is true, in land that
is common in England, or any other country, where there is
plenty of people under government, who have money and commerce, no one can
inclose or appropriate any part, without the consent of all his fellow-
commoners; because this is left common by compact, i.e. by the law
of the land, which is not to be violated. And though it be common, in
respect of some men, it is not so to all mankind; but is the joint
property of this country, or this parish. Besides, the remainder, after
such enclosure, would not be as good to the rest of the commoners, as the
whole was when they could all make use of the whole; whereas in the
beginning and first peopling of the great common of the world, it was
quite otherwise. The law man was under, was rather for appropriating.
God commanded, and his wants forced him to labour. That was his property
which could not be taken from him where-ever he had fixed it. And hence
subduing or cultivating the earth, and having dominion, we see are joined
together. The one gave title to the other. So that God, by commanding to
subdue, gave authority so far to appropriate: and the condition of
human life, which requires labour and materials to work on, necessarily
introduces private possessions.
Sect. 36. The measure of property nature
has well set by the extent of men's labour and the conveniency
of life: no man's labour could subdue, or appropriate all; nor could
his enjoyment consume more than a small part; so that it was impossible
for any man, this way, to intrench upon the right of another, or acquire
to himself a property, to the prejudice of his neighbour, who would still
have room for as good, and as large a possession (after the other had
taken out his) as before it was appropriated. This measure did
confine every man's possession to a very moderate proportion, and
such as he might appropriate to himself, without injury to any body, in
the first ages of the world, when men were more in danger to be lost, by
wandering from their company, in the then vast wilderness of the earth,
than to be straitened for want of room to plant in. And the same measure
may be allowed still without prejudice to any body, as full as the world
seems: for supposing a man, or family, in the state they were at first
peopling of the world by the children of Adam, or Noah; let
him plant in some inland, vacant places of America, we shall find
that the possessions he could make himself, upon the measures
we have given, would not be very large, nor, even to this day, prejudice
the rest of mankind, or give them reason to complain, or think themselves
injured by this man's incroachment, though the race of men have now spread
themselves to all the corners of the world, and do infinitely exceed the
small number was at the beginning. Nay, the extent of ground is of
so little value, without labour, that I have heard it affirmed,
that in Spain itself a man may be permitted to plough, sow and
reap, without being disturbed, upon land he has no other title to, but
only his making use of it. But, on the contrary, the inhabitants think
themselves beholden to him, who, by his industry on neglected, and
consequently waste land, has increased the stock of corn, which they
wanted. But be this as it will, which I lay no stress on; this I dare
boldly affirm, that the same rule of propriety, (viz.) that
every man should have as much as he could make use of, would hold still in
the world, without straitening any body; since there is land enough in the
world to suffice double the inhabitants, had not the invention of money,
and the tacit agreement of men to put a value on it, introduced (by
consent) larger possessions, and a right to them; which, how it has done,
I shall by and by shew more at large.
Sect. 37. This is certain, that in the
beginning, before the desire of having more than man needed had altered
the intrinsic value of things, which depends only on their usefulness to
the life of man; or had agreed, that a little piece of yellow metal,
which would keep without wasting or decay, should be worth a great piece
of flesh, or a whole heap of corn; though men had a right to appropriate,
by their labour, each one of himself, as much of the things of nature, as
he could use: yet this could not be much, nor to the prejudice of others,
where the same plenty was still left to those who would use the same
industry. To which let me add, that he who appropriates land to himself by
his labour, does not lessen, but increase the common stock of mankind: for
the provisions serving to the support of human life, produced by one acre
of inclosed and cultivated land, are (to speak much within compass) ten
times more than those which are yielded by an acre of land of an equal
richness lying waste in common. And therefore he that incloses land, and
has a greater plenty of the conveniencies of life from ten acres, than he
could have from an hundred left to nature, may truly be said to give
ninety acres to mankind: for his labour now supplies him with provisions
out of ten acres, which were but the product of an hundred lying in
common. I have here rated the improved land very low, in making its
product but as ten to one, when it is much nearer an hundred to one: for I
ask, whether in the wild woods and uncultivated waste of America, left to
nature, without any improvement, tillage or husbandry, a thousand acres
yield the needy and wretched inhabitants as many conveniencies of life, as
ten acres of equally fertile land do in Devonshire, where they are well
cultivated? Before the appropriation of land, he who gathered as much of
the wild fruit, killed, caught, or tamed, as many of the beasts, as he
could; he that so imployed his pains about any of the spontaneous products
of nature, as any way to alter them from the state which nature put them
in, by placing any of his labour on them, did thereby acquire a
propriety in them: but if they perished, in his possession, without
their due use; if the fruits rotted, or the venison putrified, before he
could spend it, he offended against the common law of nature, and was
liable to be punished; he invaded his neighbour's share, for he had no
right, farther than his use called for any of them, and they might
serve to afford him conveniencies of life.
Sect. 38. The same measures
governed the possession of land too: whatsoever he tilled and
reaped, laid up and made use of, before it spoiled, that was his peculiar
right; whatsoever he enclosed, and could feed, and make use of, the cattle
and product was also his. But if either the grass of his enclosure rotted
on the ground, or the fruit of his planting perished without gathering,
and laying up, this part of the earth, notwithstanding his enclosure, was
still to be looked on as waste, and might be the possession of any other.
Thus, at the beginning, Cain might take as much ground as he could
till, and make it his own land, and yet leave enough to Abel's
sheep to feed on; a few acres would serve for both their possessions. But
as families increased, and industry inlarged their stocks, their possessions
inlarged with the need of them; but yet it was commonly without any
fixed property in the ground they made use of, till they incorporated,
settled themselves together, and built cities; and then, by consent, they
came in time, to set out the bounds of their distinct territories,
and agree on limits between them and their neighbours; and by laws within
themselves, settled the properties of those of the same society:
for we see, that in that part of the world which was first inhabited, and
therefore like to be best peopled, even as low down as Abraham's
time, they wandered with their flocks, and their herds, which was their
substance, freely up and down; and this Abraham did, in a country
where he was a stranger. Whence it is plain, that at least a great part of
the land lay in common; that the inhabitants valued it not, nor
claimed property in any more than they made use of. But when there was not
room enough in the same place, for their herds to feed together, they by
consent, as Abraham and Lot did, Gen. xiii. 5.
separated and inlarged their pasture, where it best liked them. And for
the same reason Esau went from his father, and his brother, and
planted in Mount Seir, Gen. xxxvi. 6.
Sect. 39. And thus, without supposing any
private dominion, and property in Adam, over all the world,
exclusive of all other men, which can no way be proved, nor any one's
property be made out from it; but supposing the world given, as it
was, to the children of men in common, we see how labour
could make men distinct titles to several parcels of it, for their private
uses; wherein there could be no doubt of right, no room for quarrel.
Sect. 40. Nor is it so strange, as perhaps
before consideration it may appear, that the property of labour
should be able to over-balance the community of land: for it is labour
indeed that puts the difference of value on every thing; and let
any one consider what the difference is between an acre of land planted
with tobacco or sugar, sown with wheat or barley, and an acre of the same
land lying in common, without any husbandry upon it, and he will find,
that the improvement of labour makes the far greater part of the
value. I think it will be but a very modest computation to say, that of
the products of the earth useful to the life of man nine tenths are
the effects of labour: nay, if we will rightly estimate things as
they come to our use, and cast up the several expences about them, what in
them is purely owing to nature, and what to labour, we shall
find, that in most of them ninety-nine hundredths are wholly to be put on
the account of labour.
Sect. 41. There cannot be a clearer
demonstration of any thing, than several nations of the Americans
are of this, who are rich in land, and poor in all the comforts of life;
whom nature having furnished as liberally as any other people, with the
materials of plenty, i.e. a fruitful soil, apt to produce in
abundance, what might serve for food, raiment, and delight; yet for want
of improving it by labour, have not one hundredth part of the
conveniencies we enjoy: and a king of a large and fruitful territory
there, feeds, lodges, and is clad worse than a day-labourer in England.
Sect. 42. To make this a little clearer,
let us but trace some of the ordinary provisions of life, through their
several progresses, before they come to our use, and see how much they
receive of their value from human industry. Bread, wine and cloth,
are things of daily use, and great plenty; yet notwithstanding, acorns,
water and leaves, or skins, must be our bread, drink and cloathing, did
not labour furnish us with these more useful commodities: for whatever bread
is more worth than acorns, wine than water, and cloth or silk,
than leaves, skins or moss, that is wholly owing to labour and
industry; the one of these being the food and raiment which unassisted
nature furnishes us with; the other, provisions which our industry and
pains prepare for us, which how much they exceed the other in value, when
any one hath computed, he will then see how much labour makes the far
greatest part of the value of things we enjoy in this world: and the
ground which produces the materials, is scarce to be reckoned in, as any,
or at most, but a very small part of it; so little, that even amongst us,
land that is left wholly to nature, that hath no improvement of pasturage,
tillage, or planting, is called, as indeed it is, waste; and we shall find
the benefit of it amount to little more than nothing. This shews how much
numbers of men are to be preferred to largeness of dominions; and that the
increase of lands, and the right employing of them, is the great art of
government: and that prince, who shall be so wise and godlike, as by
established laws of liberty to secure protection and encouragement to the
honest industry of mankind, against the oppression of power and narrowness
of party, will quickly be too hard for his neighbours: but this by the by.
To return to the argument in hand,
Sect. 43. An acre of land, that bears here
twenty bushels of wheat, and another in America, which, with the
same husbandry, would do the like, are, without doubt, of the same natural
intrinsic value: but yet the benefit mankind receives from the one in a
year, is worth 5l. and from the other possibly not worth a penny,
if all the profit an Indian received from it were to be valued, and
sold here; at least, I may truly say, not one thousandth. It is labour
then which puts the greatest part of value upon land, without which
it would scarcely be worth any thing: it is to that we owe the greatest
part of all its useful products; for all that the straw, bran, bread, of
that acre of wheat, is more worth than the product of an acre of as good
land, which lies waste, is all the effect of labour: for it is not barely
the plough-man's pains, the reaper's and thresher's toil, and the baker's
sweat, is to be counted into the bread we eat; the labour of those
who broke the oxen, who digged and wrought the iron and stones, who felled
and framed the timber employed about the plough, mill, oven, or any other
utensils, which are a vast number, requisite to this corn, from its being
feed to be sown to its being made bread, must all be charged on the
account of labour, and received as an effect of that: nature and
the earth furnished only the almost worthless materials, as in themselves.
It would be a strange catalogue of things, that industry provided and
made use of, about every loaf of bread, before it came to our use, if
we could trace them; iron, wood, leather, bark, timber, stone, bricks,
coals, lime, cloth, dying drugs, pitch, tar, masts, ropes, and all the
materials made use of in the ship, that brought any of the commodities
made use of by any of the workmen, to any part of the work; all which it
would be almost impossible, at least too long, to reckon up.
Sect. 44. From all which it is evident,
that though the things of nature are given in common, yet man, by being
master of himself, and proprietor of his own person, and the
actions or labour of it, had still in himself the great
foundation of property; and that, which made up the great part of what
he applied to the support or comfort of his being, when invention and arts
had improved the conveniencies of life, was perfectly his own, and did not
belong in common to others.
Sect. 45. Thus labour, in the
beginning, gave a right of property, wherever any one was pleased
to employ it upon what was common, which remained a long while the far
greater part, and is yet more than mankind makes use of. Men, at first,
for the most part, contented themselves with what unassisted nature
offered to their necessities: and though afterwards, in some parts of the
world, (where the increase of people and stock, with the use of money,
had made land scarce, and so of some value) the several communities
settled the bounds of their distinct territories, and by laws within
themselves regulated the properties of the private men of their society,
and so, by compact and agreement, settled the property which
labour and industry began; and the leagues that have been made between
several states and kingdoms, either expresly or tacitly disowning all
claim and right to the land in the others possession, have, by common
consent, given up their pretences to their natural common right, which
originally they had to those countries, and so have, by positive
agreement, settled a property amongst themselves, in distinct parts
and parcels of the earth; yet there are still great tracts of ground
to be found, which (the inhabitants thereof not having joined with the
rest of mankind, in the consent of the use of their common money) lie
waste, and are more than the people who dwell on it do, or can make
use of, and so still lie in common; tho' this can scarce happen amongst
that part of mankind that have consented to the use of money.
Sect. 46. The greatest part of things
really useful to the life of man, and such as the necessity of
subsisting made the first commoners of the world look after, as it cloth
the Americans now, are generally things of short duration;
such as, if they are not consumed by use, will decay and perish of
themselves: gold, silver and diamonds, are things that fancy or agreement
hath put the value on, more than real use, and the necessary support of
life. Now of those good things which nature hath provided in common, every
one had a right (as hath been said) to as much as he could use, and
property in all that he could effect with his labour; all that his
industry could extend to, to alter from the state nature had put it in,
was his. He that gathered a hundred bushels of acorns or apples,
had thereby a property in them, they were his goods as soon as
gathered. He was only to look, that he used them before they spoiled, else
he took more than his share, and robbed others. And indeed it was a
foolish thing, as well as dishonest, to hoard up more than he could make
use of. If he gave away a part to any body else, so that it perished not
uselesly in his possession, these he also made use of. And if he also
bartered away plums, that would have rotted in a week, for nuts that would
last good for his eating a whole year, he did no injury; he wasted not the
common stock; destroyed no part of the portion of goods that belonged to
others, so long as nothing perished uselesly in his hands. Again, if he
would give his nuts for a piece of metal, pleased with its colour; or
exchange his sheep for shells, or wool for a sparkling pebble or a
diamond, and keep those by him all his life he invaded not the right of
others, he might heap up as much of these durable things as he pleased;
the exceeding of the bounds of his just property not lying
in the largeness of his possession, but the perishing of any thing
uselesly in it.
Sect. 47. And thus came in the use of
money, some lasting thing that men might keep without spoiling, and
that by mutual consent men would take in exchange for the truly useful,
but perishable supports of life.
Sect. 48. And as different degrees of
industry were apt to give men possessions in different proportions, so
this invention of money gave them the opportunity to continue and
enlarge them: for supposing an island, separate from all possible commerce
with the rest of the world, wherein there were but an hundred families,
but there were sheep, horses and cows, with other useful animals, wholsome
fruits, and land enough for corn for a hundred thousand times as many, but
nothing in the island, either because of its commonness, or perishableness,
fit to supply the place of money; what reason could any one have
there to enlarge his possessions beyond the use of his family, and a
plentiful supply to its consumption, either in what their own industry
produced, or they could barter for like perishable, useful commodities,
with others? Where there is not some thing, both lasting and scarce, and
so valuable to be hoarded up, there men will not be apt to enlarge their possessions
of land, were it never so rich, never so free for them to take: for I
ask, what would a man value ten thousand, or an hundred thousand acres of
excellent land, ready cultivated, and well stocked too with cattle,
in the middle of the inland parts of America, where he had no hopes
of commerce with other parts of the world, to draw money to him by
the sale of the product? It would not be worth the enclosing, and we
should see him give up again to the wild common of nature, whatever was
more than would supply the conveniencies of life to be had there for him
and his family.
Sect. 49. Thus in the beginning all the
world was America, and more so than that is now; for no such thing
as money was any where known. Find out something that hath the
use and value of money amongst his neighbours, you shall see the same
man will begin presently to enlarge his possessions.
Sect. 50. But since gold and silver, being
little useful to the life of man in proportion to food, raiment, and
carriage, has its value only from the consent of men, whereof
labour yet makes, in great part, the measure, it is plain, that men
have agreed to a disproportionate and unequal possession of the earth,
they having, by a tacit and voluntary consent, found out, a way how a man
may fairly possess more land than he himself can use the product of, by
receiving in exchange for the overplus gold and silver, which may be
hoarded up without injury to any one; these metals not spoiling or
decaying in the hands of the possessor. This partage of things in an
inequality of private possessions, men have made practicable out of the
bounds of society, and without compact, only by putting a value on gold
and silver, and tacitly agreeing in the use of money: for in governments,
the laws regulate the right of property, and the possession of land is
determined by positive constitutions.
Sect. 51. And thus, I think, it is very
easy to conceive, without any difficulty, how labour could at first
begin a title of property in the common things of nature, and how the
spending it upon our uses bounded it. So that there could then be no
reason of quarrelling about title, nor any doubt about the largeness of
possession it gave. Right and conveniency went together; for as a man had
a right to all he could employ his labour upon, so he had no temptation to
labour for more than he could make use of. This left no room for
controversy about the title, nor for encroachment on the right of others;
what portion a man carved to himself, was easily seen; and it was useless,
as well as dishonest, to carve himself too much, or take more than he
needed.
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