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John Lockes View of Ownership in Context with the Mabo v Queensland

According to Ian Harris, Locke’s idea of justice simply suggests that the conformity between action amp. the rule of propriety should be understood in the sense of ‘a right to anything’ (Harris, 2000, p. 49). That means human rights must be restored in society, and when it comes to property, it can be examined in context with ‘abundance’. The more abundant is the property, the more usage of it can be met. However, the ‘abundance’ factor cannot be fulfilled in today’s economic conditions. Chapter V of the Second Treatise defines ‘property’ as land according to Locke and can be examined in two different ways. First, that land, property or external objects that are owned by him and secondly, the land or external objects that were once owned by his forefathers and are used by him. The Mabo v Queensland case belongs to the second category. According to Locke, it is the ‘labor’ factor that can make a difference in property acquisition. Because the origin of private property is labor, therefore the inheritance of private property should also be determined by examining the ‘labor’ factor.

For Locke, the justification of property is the problem of acquisition which he starts reasoning in the natural sense that God created mankind to utilize the property as long as he lives. Almost as common to the traditional natural law analysis of property as the initial assumption of property in common is a notorious difficulty to which that assumption gave rise. A man may be endowed communally, but he must be nourished individually (Anstey, 2003, p. 62). According to chapter V of the ‘Second Treatise’ which puts restrictions on the authorized acquisition of property, a man can only possess the right to acquire a property if his own labor is involved in it. In this case, the reason for not constituting native title and indigenous land as proper ownership by Locke is clear for the basic perceptions Locke provided with the European political thought.

The decision taken by the 6-1 judges in the Mabo v Queensland’s case negates what Locke refers the basic rule of property that every man in a society should have as much as he could make use of.