ARTICLE I: On the Object of Ownership

851. The object of human ownership is all things that are subjected to man's use. Hence Scripture: You have subjected all things beneath his feet, sheep and oxen, etc. (Ps. 8, 8). But he gave the earth to the children of men (Ps. 113, 16).

Private ownership is founded in natural law, insofar as this postulates that things belonging to no one become the things of the first occupant, and that he be able to receive the fruits of his own labor. Moreover, ownership is altogether inviolable: 1. by natural law; for, with ownership taken away, society would be overturned: each one would wish to rule over all, to serve no one, and to be free from every labor; - 2. by divine law, as is clear from the prohibition of theft; - 3. by human law, both ecclesiastical and civil, which is wholly occupied in this, that it protect for each one the right of property (Salmant., tr. 12, c. 2, n. 1).

Therefore deservedly there was reproved by Pius IX (Encyclical Qui pluribus, November 9, 1846) the doctrine of communism and socialism, as "abominable and exceedingly opposed even to the natural law itself; once it is admitted, all rights or properties and even human society itself would be utterly overturned."

852. The objects of human ownership are divided in many ways:

1. There are internal and external goods. - External goods are all sublunary things placed outside man; internal goods are those that man possesses in himself and that accompany him everywhere.

These are of a diverse kind: for either they are not distinguished from man, as life, members; over these man has only useful ownership; or they proceed from man, for example actions: over these he has full ownership; or they are mixed, insofar as he himself concurs toward them by acts, although they are external, as reputation, honor: over these also he has full ownership, but to be limited in many things (cf. n. 753, 1198).

2. External goods are corporeal or incorporeal. - Corporeal are those that are subjected to the senses, as garments, land, a house; incorporeal are those that are perceived only by the intellect, and consist in some right, for example the right of enjoying, of using, an obligation assumed by the Public Debt.

3. Corporeal goods are divided into movable and immovable. - Movable are those that, their proper form preserved, can be moved in place; immovable, those that cannot be moved in place, because they adhere to the soil or to a house.

Moreover, in the new codes, the determination of things is often made minutely; rights themselves also, according to their nature, by determination of law, are referred to one or the other species.⁰² The word movables, if it is used alone, has a restricted sense; otherwise if it is opposed to immovables. The word furniture (meubles meublants) comprehends only movables destined for the use and ornament of houses and rooms.

Movable goods are subdivided into fungible and non-fungible. Fungible are those that can function in the place of other things, and thus can be equivalently substituted for them, provided they are of the same genus and the same quality. Things of this kind are oil, wheat, wine. - Non-fungible are those that must be handed over in their own proper nature, for example a painting.

To fungible things are to be referred those that consist in weight, number, measure; - likewise counted money;⁰³ - likewise things consumable by the first use, as bread, meat, wood for burning; but not regularly things to which detriment is brought from successive use, as garments, furniture.

4. Finally, external goods are constituted either in commerce or outside commerce. Things are said to be in commerce that, as they can be destined for private uses, so also can be brought into obligation, and be alienated and acquired. Outside commerce are (according to Roman Law):⁰⁴ a) things of divine right, i.e. sacred things and sacred places; b) common things, namely those whose ownership belongs to no one, but whose use belongs to all, as air, light, water; - c) public things, whose use pertains to all citizens, as rivers, ports, fortified citadels, and public roads. It must be said otherwise of other goods, for example fields, forests, and public buildings, which the state enjoys after the manner of private persons (cf. n. 872).

Note. In England, where the feudal system continues to flourish in many matters, a special mode of distinguishing goods also flourishes, which must be learned from authors who have written concerning English Law (cf. Crolly, o.c., n. 253 seqq.).

These things having generally been set down beforehand, it remains to inquire specifically: 1. concerning man's ownership over other men; 2. concerning the same man's ownership over the offspring of his own genius.