Wednesday, November 15, 2006

Vol. I Chapter 2

New World, New Land

How is a property right in land acquired? The method described by John Locke involves a settler homesteading land that has not been developed. He gains a right in the land by mixing his labor with it--maybe by clearing it to make it suitable for farming or by building something on it.

In contrast, what prevailed in North America was the feudal view that the king had a prior claim to large territories and had the sole right to assign overlords, or to parcel out the land arbitrarily as he saw fit. The State assumed prior ownership. Under the feudal system, the laws of primogeniture and entailing prevented land recipients from selling the land or breaking it up into smaller parcels. This froze ownership of the land within the nobility.

Labor service required of the peasants in England eventually turned into money service. Tenants paid quitrents to their landlords. Feudalism had already been imposed on the Irish--they had no right to own land. This model was to be applied in America. This was somewhat mitigated however by having monopoly proprietary companies get land grants that were then parceled out to settlers. There was a profit incentive here, since the companies wanted to attract settlers. The promise of land was a good incentives for settlers, who did not wish to leave Europe only to remain serfs in America. The companies were motivated to sell the land at a profit to provide a return to their shareholders.

0 Comments:

Post a Comment

<< Home