Condition of property

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Argument

Property exists only under a system of law.

The distribution of the materials of this nourishment is the constitution of mine, and thine, and his; that is to say, in one word, propriety; and belonged in all kinds of Commonwealth to the sovereign power. For where there is no Commonwealth, there is, as hath been already shown, a perpetual war of every man against his neighbour; and therefore everything is his that getteth it and keepeth it by force; which is neither propriety nor community, but uncertainty. Which is so evident that even Cicero, a passionate defender of liberty, in a public pleading attributeth all propriety to the law civil: "Let the civil law," saith he, "be once abandoned, or but negligently guarded, not to say oppressed, and there is nothing that any man can be sure to receive from his ancestor, or leave to his children." And again: "Take away the civil law, and no man knows what is his own, and what another man's." Seeing therefore the introduction of propriety is an effect of Commonwealth, which can do nothing but by the person that represents it, it is the act only of the sovereign; and consisteth in the laws, which none can make that have not the sovereign power. And this they well knew of old, who called that Nomos (that is to say, distribution), which we call law; and defined justice by distributing to every man his own.

Hobbes, Lev XXIV 5