Riassunto esame Sociologia del Diritto, prof. Ferrari, libro consigliato Sociologia del Diritto, Treves

I PRECURSORI/MAESTRI DEL GIUSNATURALISMO

John LOCKE

• “Uno stato di natura inteso come stato di perfetta libertà di regolare le proprie azioni e di disporre dei propri possessi e delle proprie persone come si crede natura” (Two Treatises of Government, 1680)

John LOCKE sull'individuo:

• Diritto naturale alla proprietà: “The great and chief end, therefore, of men uniting into commonwealths, and putting themselves under government, is the preservation of their property. To which wanting” in the state of nature there are many things (ST, sez. 124).
• Concetto di proprietà: “Man… hath by nature a power… to preserve his property that is, his life, liberty, and estate, men” against the injuries and attempts of other (ST, sez. 87).
• Concetto di stato di natura: “a state of perfect freedom to order their actions, and dispose of their possessions and persons as they think fit”

within the bounds of the law of Nature, without asking leave or depending upon the will of any other (ST, sez. 4).

John LOCKE

1) In origine, in base sia alla ragione naturale sia alla Bibbia, la terra e i suoi frutti sono stati dati in comune a tutti gli uomini: "God, as King David says (Psalm 115.16), has given the earth to the children of men, given it to mankind in common" (ST, sez. 25).

John LOCKE

2) Come si giunge quindi alla appropriazione individuale?

Postulato I: gli uomini hanno diritto a conservare la propria vita:

• "Men have a right to their preservation, and consequently to meat and drink and such other things as nature affords for their preservation" (ST, sez. 25).
• "The earth and all is therein is given to men for the support and comfort of their being. And though all the fruits it naturally produces, and beasts it feeds, belong to mankind in common, as they are produced by the spontaneous hand of nature;

nobody has originally a private dominion exclusive of the rest of mankind in any of them, as they are thus in their natural state; yet being given for the use of men, there must of necessity be a means to appropriate them some way or other before they can be of any use, or at all beneficial, to any men” particular (ST, sez. 26).

John LOCKE

dell'uomo* Postulato II: il lavoro come proprietà personale, mezzo e diritto individuale di appropriazione del prodotto della terra:

“Though the earth and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has any right to but himself. The labour of his body and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with it, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state Nature placed it in,

"it hath by this labour something annexed to it that excludes men"the common right of other (ST, sez. 27). 12John LOCKE

3) Questo diritto naturale di proprietà individuale è giustificato, serispetta almeno tre limiti:"beni buoni"

a) Se si lasciano sufficienti, e altrettanto incomune per gli altri:

"For this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least others" where there is enough, and so good left in common for (ST, sez. 27) 13John LOCKE

b) Che niente vada sciupato o distrutto:

"As much as any one can make use of to any advantage of life before its spoils, so much he may by his labour fix a property in. Whatever is beyond this is more than his share, and belongs to others. Nothing was made by God for man to spoil or destroy" (ST, sez. 31.).

c) appropriazione limitata alla misura che un uomo può procurarsi col proprio lavoro:

"And,

could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit of decay• “Men have agreed to disproportionate and unequal possession of theearth, they having by a tacit and voluntary consent found out a way,how a man may fairly possess more land than he could actually use or cultivate, and so enclose it from the common use. Thisagreement, which is made by consent, gives a man the right to possess anddispose of the land as he sees fit, without any limitations other than thoseimposed by the laws of society” (ST, sez. 46). 14John LOCKE4) The same right, or means, of appropriation applies to land as well asits fruits:• “But the chief matter of property being now not the fruits of the earthand the beasts that subsist on it, but the earth itself, as that which takesin and carries with it all the rest. I think it is plain that property in thattoo is acquired as the former. As much land as a man tills, plants,improves, cultivates, and can use the product of, so much is hisproperty. He by his labour does, as it were, enclose it from thecommon” (ST, sez. 32). 15John LOCKEL’introduzione5) The introduction of money eliminates the previous natural limits:A) the limit

himself can use the product of, by receiving in exchange for the overplus, gold and silver, which may be hoarded up without injury to any one, these metals not spoiling or decaying in the hands of (ST, sez. 50). 16 John LOCKE

B) il limite della sufficienza:

• L'introduzione un'economia della moneta consente lo sviluppo di commerciale, con la creazione di mercati per i prodotti della terra,
• L'appropriazione prima senza valore individuale della terra anche quando non ne resta abbastanza e altrettanto buona per gli altri è giustificata dalla produttività maggiore della terra appropriata in "aeccesso: king of a large and fruitful territory there [in America] England" feeds, lodges, and is clad worse than a day labourer in (ST, sez. 41). 17 John LOCKE

C) il limite del lavoro:

• Se il lavoro è una proprietà personale, è alienabile (a differenza però della persona):
• "Thus, the grass my horse has bit,

the turfs my servant has cut, and the ore I have digged in any place, where I have a right to them in common with others, become my property without the assignation or consent of anybody. The labour that was mine, removing them out of them”that common state they were in, hath fixed my property in (ST, sez. 28). 18John LOCKE Tre stadi della società: - Stato di natura 1: origine della proprietà comune della terra e dei suoi frutti. - Stato di natura 2: primo livello di consenso tra uomini liberi, uguali e ragionevoli riguardo al denaro e al possesso disuguale. - Società civile: secondo livello di consenso per rimettere tutto il potere alla maggioranza (classe dei possidenti, con diritti politici e con vita pienamente razionale derivante dalla appropriazione), per le difficoltà di imporre le istituzioni di proprietà, pur già moralmente valide, nello stato di natura. 19I PRECURSORI MAESTRI DEL GIUSNATURALISMO Dallo stato di natura allo stato

civile (nascita del diritto nellasocietà): Jean-Jacques ROUSSEAU– un'associazioneil diritto ha la funzione di costituire che“difenda e protegga con tutta la forza comune la persona e inell'unirsibeni di ogni associato e per via della quale ciascuno,a tutti, non ubbidisca pertanto che a se stesso e resti liberoprima”come (Du contrat social, ou principes du droit politique,1762). 20ROUSSEAUcontratto sociale (pactum unionis):– contratto tra singoli individui che si obbliganoreciprocamente con norme precise;contratto politico (pactum subjectionis):– contratto tra coloro che si sottomettono a colui o acoloro ai quali viene deferito il potere. 21I PRECURSORIMAESTRI DELLA STORIA DEL DIRITTO NATURALEGianbattista VICO– “nato costumi”Il diritto naturale coi comuni delle genti, spontaneodall'astrattoassetto di ogni consociazione umana, diverso diritto“ragionato filosofi”.della setta dei morali– Tre epoche

E tre specie di natura (dèi, eroi, uomini) alle quali corrispondono tre specie di diritto naturale (divino primitivo, eroico della forza e della religione, umano della ragione) e tre specie di governi (teocratici, aristocratici, fondati (La scienza nuova, 1725-44). 22

I PRECURSORI MAESTRI DELLA STORIA DEL DIRITTO NATURALE

Charles de Secondat barone di MONTESQUIEU – Le leggi devono aderire allo spirito, alle condizioni reali dei paesi a cui “colsi applicano. Considerare le leggi politiche e civili in rapporto carattere fisico del paese, col clima gelato, ardente o temperato, con la qualità del terreno, con la sua situazione, con la sua estensione, con il genere di vita dei popoli che vi abitano, siano essi coltivatori, pastori”; “colcacciatori o armonia delle leggi grado di libertà che la costituzione è in grado di sopportare, con la religione degli abitanti, le loro disposizioni, la loro ricchezza, il loro numero, i loro

commerci, maniere"; “con costumi e relazioni reciproche delle leggi la loro l'ordine origine, col fine del legislatore, con delle cose sulle quali esse costituite" sono state (L'esprit des lois, 1748). 23I PRECURSORI DIRITTO E SOCIETÀ NELLE CONCEZIONI DELLA SCUOLA STORICA E DELLA SCUOLA NON STORICA DELL'OTTOCENTO Friederich Karl von SAVIGNY– Il diritto come un sistema dipendente rispetto alla società, un complesso di regole che sorgono spontaneamente dalla società (come la lingua, i costumi, la costituzione) e non sono in alcun dall'arbitrio “Duplicemodo imposte ad essa di un legislatore. vitalità” “da principio di del diritto: un lato, vive come parte (“elemento politico”) integrante di tutta la vita del popolo e, dall'altro, pur non cessando di vivere nella vita del popolo, vive nell'ambito anche di una scienza speciale affidata alle mani dei (“elemento

tecnico”)”giuristi (1814). 24I PRECURSORIDIRITTO E SOCIETA’ NELLE CONCEZIONI DELLA SCUOLASTORICA E DELLA SCUOLA NON STORICADELL’OTTOCENTOJeremy BENTHAM– Il diritto come un sistema indipendente rispetto al sistemasociale, uno strumento di cui si serve il potere sovrano dellol’assettoStato per conservare o trasformare sociale es