THE GARDENER ON THE PHILOSOPHIES OF LAND OWNERSHIP

 

PHILOSOPHIES OF OWNERSHIP OF LAND 

Roman Law Philosophy(Basis of Slave System, Feudalism and Capitalism) Social Democratic Philo(Based on Major Religio-Cultural Traditions) Totalitarian Philosophy(Leninist-Stalinist-Maoist Systems)
Absolute Right of private individual (DOMINIUM) Conditional Right: a means to an end (STEWARDSHIP) Absolute Right w/the State, under one Party (DOMINIUM)
Exclusivist Right of private individual: where there’s no one to exclude, the right does not exist Inclusive Right: always inclusive of the interests of the community – the common good Exclusive Right: with the State, which, under certain conditions, may allow temporary diffusion for tactical reasons
Non-Differentiation of Property:Whatever is owned is owned absolutely and exclusively, LAND INCLUDED. Differentiation of Property, the extent of ownership power DEPENDS on the natureof thing owned, called property:-          “toothbrush”, other intimate personals-          means of production-          Nature’s bounty called in Greek “ta koina”, in English “the commons”: LAND, AIR, WATER, MINERALS, ETC. ALL NATURE’S BOUNTY-          Distinguishes living LABOR (1), stored-up labor or CAPITAL (2), AND NATURAL RESOURCE (3) as three very distinct factors of production. Non-Differentiation of Property:The State can own any and all.
Land use, abuse, neglect, misuse  (ius fruendi, utendi, abutendi, etc.) are allowed or made secondary to private individual right. Land use for the common good is the end/purpose of Land ownership, takes into account:-          population size and distribution-          scarcity and abundance of land-          the achievement of food and shelter securityalso takes into account:

the best economic  mode of land use for greater productivity and widespread prosperity: primitive agricultural? Modern agro-industrial? Informatically correct?

State control for state-related purposes.The state determines land accessibility by the people which is often not consistent.
Insincere Land Reforms: When under pressure, proclaims “land to the landless”  so that  the more it is distributed indiscriminately the more inevitably it is retrievable for worse concentration .Cf. Licinian laws of 367 BC down the centuries to the Spanish “reforms” of 19th century Philippines, the American “reforms” of the early 20th century, R.A. 1199, R.A. 3844, the 1971 Code of Agrarian Reforms, the 1972 PD 27, the 1987 CARL laws, etc. Sincere Land Reforms:“land to the tiller” so that justice with productivity, growth with equity, is achieved and rural industrialization and development are attained, and greater prosperity is assured the majority producers and consumers. Insincere Land Reforms:“land to the landless” but in truth all become workers of the State, at the latter’s mercy.
ANTICIPATED RESULTS: A few non-producing owners and a majority of non-owning producers result in a strong oligarchy oppressive of the many, regardless of any changes in politics and culture down the centuries. ANTICIPATED RESULTS: A free dispensation of cooperatives of owner-tillers Alone or in joint venture with private and/or state corporations engage in modern ecological agriculture and rural industrialization. ANTICIPATED RESULTS:Loss of freedom, loss of productivity.