Re: OMG!

[russotto@wanda.pond.com (Matthew Russotto)]

In article <QYsS6.10450$Uj5.3299703@typhoon2.ba-dsg.net>,
Frank Townsend <ftownsen@iamdigex.net> wrote:
>You are confusing the subject matter of property law (land, chattels,
>creative work, trademark, invention) with the legal concepts (real property,
>personal property, intellectual property).
>
>Your point really is that tangible property is tangible, and intangible
>property is not tangible (which I agree is true).

My point is that real and personal property pre-exist the law (though
not in their current form), and that intellectual property does not.

>The point I made is commonly accepted by courts and scholars.  To quote
>Jeremy Bentham:  "Property and law are born together, and die together.
>Before laws were made there was no property;  take away laws and property
>ceases."

I must respectfully disagree.  There was "mine" before there was law.

>Other scholars state: Note that the thing, land or chattel would still be
>there even in a state of anarchy and that man could stand over it growling
>like a dog, but we could no longer call it property."

They might not.  I would.
-- 
Matthew T. Russotto                                russotto@pond.com
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."