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By Wilson E.B.

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Last, in practice, more often than not property law refrains from grounding property claims in labour. Although the labourer acquired property in the Haslem case, far more often, property doctrines frequently ignore or disregard labour-based arguments. Doctrines associated with accession vest ownership of tangible resources in the owner of the land on which the resources reside (or, in which the resources are affixed). For example, if people discover a beehive on an owner’s land after considerable effort and research but without the landowner’s consent, the ratione soli doctrine gives the owner of the soil (solum) a decisive reason (ratio) to own the bees.

In like manner are languages gradually establish’d by human conventions without any promise. In like manner 20 Hart 1968, 4. See also the discussion of the logic of this distinction between general justifying and the allocation of particular burdens and benefits (duties and rights) in Waldron 1988, 330ff. Hume’s Alternative to Locke 9 do gold and silver become the common measures of exchange, and are esteem’d sufficient payment for what is of a hundred times their value. As these last examples indicate, what Hume has in mind is something like the emergent solution to a sort of coordination problem.

For example, the 1871 case Haslem v Lockwood required the Connecticut Supreme Court to decide who had appropriated manure scattered on a public road. Haslem spotted the manure first, directed servants to gather it into piles, and left the piles overnight intending to recover them the next morning when he returned with a cart. Before Haslem returned, Lockwood found the piles and carted them away. ’2 The ‘fruits of one’s labour’ metaphor all but decided the case. In contemporary scholarship, however, labour arguments fare much, much worse.

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A General Theory of Surfaces (1916)(en)(6s) by Wilson E.B.


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