Balancing the Inequities in Applying Natural Property Rights to Rights in Real or Intellectual Property

Eric Claeys’s book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to are the concepts justified interests and productive use. A interest, Claeys writes, exists when an individual demonstrates stronger interest in resource than anyone else community uses productively manner that is “intelligent, purposeful, value-creating, . sociable,” leads survival or flourishing. “how standard justification for gets implemented practice” how community’s “goods” build on individual’s goods. 
 focus, however, antithetical Lockean private ownership theory, which prioritizes except provisos—no waste enough as good. Although adequately addresses differences between his Locke’s theories, regard both causes one question whether truly Lockean-based.
 book consists four parts: Law Rights (Part I), Property’s Foundations II), III), Policy Generally IV). This Article Parts I II explores defenses rights under framework. also defects including application theory. focuses specific community. Such focus often disfavors people situated out-of-power positions, example, land dispute indigenous recent immigrants have organized themselves laws do not recognize existing (natural otherwise) people. Yet, Locke contend emanate from divine source (God) intended humankind use things nature its But, fundamentally different views exist concerning resource’s use, conflicts arise. These result trampling another’s. balancing test possible resolution this conflict. The proposed seeks maximize common good most equitable way by finding mean conflicting interests. Finally, can justify intellectual property, specifically patents.