Essay on "Property Rights in the Scenario the Youngest"
Essay 3 pages (1257 words) Sources: 0 Style: APA
[EXCERPT] . . . .
Property RightsIn the scenario the youngest son Danny says to the other children: "You're all forgetting that this property isn't yours! it's Mom's! She and she alone should decide what she wants to do with it. This whole conversation should not have taken place, and I won't be a party to any further discussion of the division of Mom's property." Danny's words echo the philosopher John Locke's statement that it is the individual who has the right to administer his or her property. Property ownership is part of every human being's intrinsic or natural rights. All human beings have a right to life, liberty, and property, free from pressure from the sovereign or any other administrating government authority. In other words, a person should be free to make good or bad decisions with his or her property. If a wealthy eccentric wants to leave his or her estate to their beloved companion dog, that is their right under American law, which has its roots in British common law, according to Louis Wright. According to Locke, the American government cannot decide that there are better uses for a piece of privately owned property, so the law protects Lillian's right to property.
Even though Edna may have helped her mother more than the other siblings during Lillian's final years, Lillian may have other considerations that she wishes to address when dispensing of her property and that is also her right. Lillian should not be pressured by the children to leave her property to one child over the others, according to Locke's view of natural rights. This pressure might cloud her judgment, as she does not want to create family discord during her final days even though she has agreed to go along
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Of course, even an objective observer might want Lillian to have more sensitivity to the needs of her some of the children more than others. Locke also stresses the impact of the community on protecting individual rights, given that it is the community that produces the government and the system of laws that enables property rights to be enforced. Without Edna, Lillian probably could not have kept her property after her husband died. The elderly woman could not have lived alone and managed such a large house without assistance. However, under the law Lillian is not obliged to follow Edna's wishes. The laws that free us from the dangers of living in a state of nature and a state of 'survival of the fittest' described in "The Second Treatise on Government" give human beings the rights of property ownership, and the right to dispense with property, without it being taken by a sovereign to serve his own purposes, the purposes of the state, or the purposes of church morality, without due cause. Edna might have a moral right to property, but not a legal right, particularly since she has lived rent-free, along with her husband while caring for her mother. Frank S. Meyer in "Western Civilization: The Problem of Political Freedom" would also add that the state has no business in determining who is morally fit to possess property, the state should only exist in a limited capacity to support property rights from being seized by force, which might happen in a 'state of nature' when a wealthy parent dies.
However, if Lillian is not willing to chose between her children and take sides, Locke would likely suggest that a 'majority rules' system apply, similar to that which Mike suggests. Two… READ MORE
Quoted Instructions for "Property Rights in the Scenario the Youngest" Assignment:
*****s Username complete this paper: *****
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Reading Assignment:
Course Documents Area: [Note: The text of the Locke reading is found in
this area of the course.]
John Locke: from The Second Treatise on Government [Note: The
first few pages of Locke*****s essays are concerned with the *****state of
nature.***** In this state, there is total freedom and no social or legal
system. Pay attention to what Locke says in this section about
property acquisition and property rights. In the state of nature, all
property (including one*****s property in one*****s own person and in one*****s
rights) is insecure because individuals pursue their own self-interest. It
is not until individuals band together for their own security to create a
*****civil***** and a *****political society***** that a system of law comes into being.
Locke believes that the only legitimate system of governance is one
based on *****consent of the governed***** and *****majority rule.*****]
Note: This essay is the foundation for this week*****s assignment. You
should read it and fully digest the ideas in it before moving on to the
other readings for this week.
KSSR:
Louis Wright: *****The British Tradition in America in Retrospect***** 183 [Note:
Pay particular attention to what Wright says about our Puritan
Inheritance and about our legal system.]
John Winthrop: *****A Model of Christian Charity***** 206 [Note: Pay particular
attention to the implications of Winthrop*****s ideas for property rights.]
Hector Crevecoeur: *****What is an American?***** 246 [Note: Pay particular
attention to what Crevecoeur says about freedom, property, and
tolerance.]
Frank S. Meyer: "Western Civilization: The Problem of Political Freedom*****
155 [Note: Pay particular attention to what Meyer says about freedom
and individualism. This should give you an idea of what his views
about property are.]
Writing Assignment 6.1:
Scenario: The Roberts family gathered at the family farm for Thanksgiving dinner for the first time without their mother, Lillian. This past summer, they had all helped Lillian move into an assisted living facility in the nearby town. She was still mentally sharp, but had come down with the stomach flu, and so had been unable to attend the Thanksgiving celebration.
After dinner, an argument over inheritance broke out among the Roberts siblings. It began when Edna stated that, since their mother had not yet made a will, it was time for her (Edna) and the other three kids to give her a nudge in this direction and decide among themselves how they thought the farm ought to be divided after their mother*****s passing. They could then present this plan to their mother as a proposal that would please everyone and be in everyone*****s best interests. She said that she thought their mother would abide by their wishes since she wanted to do the best by everyone. Edna*****s view was that since she (Edna) and her husband Bob had worked the farm after their father had died three years before, and since they had lived with Lillian, cooking and cleaning for her and taking her to church and her doctor's appointments, that they should get at least half the property.
"Wait a minute," Mike said, "You*****re forgetting that you lived rent free on the farm those three years and that you took a portion of the farm*****s income as your salary. I think you*****ve been paid very well for your labors.*****
Their sister *****t had slipped in the haymow of the barn the year before their father*****s death and had fallen backwards almost two stories onto the concrete drive below. She was now paralyzed from the neck down. She said, *****I agree with Mike. After all, just because we don*****t work the farm now does not mean that we love our mother any less or that we didn*****t do plenty of work on the farm as long as we could. Not everyone is cut out to be a farmer. Mike became a policeman and Danny became a software engineer. Why should they be penalized for pursuing their own interests and talents? I think we should propose that Mom divide the farm equally among the four of us.*****
Edna started to object, but Mike jumped in and said, *****I agree with *****t, with one exception. I think the property should be divided into five parts and that *****t should get two of those parts since she can*****t work any more and is living on her small fixed disability income.
At this point, Danny, at twenty-four the youngest sibling, almost shouted in anger, *****You*****re all forgetting that this property isn*****t yours! It*****s Mom*****s! She and she alone should decide what she wants to do with it. This whole conversation should not have taken place, and I won*****t be a party to any further discussion of the division of Mom*****s property.***** With that, he got up, grabbed his coat, and left. Mike and *****t followed him.
WRITE A 1,000-WORD MINIMUM ESSAY IN WHICH YOU CORRELATE THE VIEWS ON PROPERTY RIGHTS OF THE AUTHORS WE READ FOR THIS WEEK TO THE POSITIONS OF THE FOUR SIBLINGS. [Note: Your main focus is on the ideas in the readings, not the views of the siblings. Also note that several of the readings agree with one particular sibling; they readings and siblings do not match one for one.] BE SURE TO GIVE YOUR OPINIONS OF THE IDEA YOU WRITE ABOUT AS YOU GO. WHICH OF THESE AUTHORS***** VIEWS DO YOU FIND MOST COMPELLING ON THE SUBJECT OF PROPERTY ACQUISTION AND PROPERTY RIGHTS? WHY?
*****
How to Reference "Property Rights in the Scenario the Youngest" Essay in a Bibliography
“Property Rights in the Scenario the Youngest.” A1-TermPaper.com, 2008, https://www.a1-termpaper.com/topics/essay/property-rights-scenario/564345. Accessed 3 Jul 2024.
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