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 'labour' factor that can make a difference in property acquisition. Because the origin of private property is labour, therefore the inheritance of private property should also be determined by examining the 'labour' 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 utilise 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. Man may be endowed communally, but he must be nourished individually (Anstey, 2003, p. 62). According to the chapter V of the 'Second Treatise' which puts restrictions on the authorised acquisition of property, a man can only possess the right to acquire a property if his own labour is involved in it. ...Show more