The Right to Private Property

Overview
A key concept of our democratic society is the right to own private property. In this lesson, students are given scenarios and asked to brainstorm and list possible courses of action. They then write a statement that tells what the group considers the best course of action.

Outcome
Students will learn of the government’s involvement in ownership of property.

Standards Addressed

Grade 8
Social Studies — Economics, Benchmark C
05. Explain how governmental protection of property rights and regulation of economic activity impacted the development of the U.S. economy.

Materials

• Scenarios page, copied and cut into cards

• Napster Case student handout

Procedure

1. Divide the students into groups of three or four.

2. Give each group one of the scenario cards. Ask one person to read the scenario out loud to his/her group.

3. The job of the team is to brainstorm all possible courses of action that could be taken to solve the problem of the scenario. No value judgments should be made.

4. The team members should then decide what solution they, as a group, would take and why.

5. Each group presents its scenario to the class.

6. After all groups have presented, ask what these scenarios have in common. In each case, something that belongs to someone else — their property — can be taken or used by another person.
   
   The first part of this exercise does not need to be used if the students have a good understanding of the concept of private property. You can start the lesson at this point.

7. Discuss this statement with the class: “The right to private property is the social-political principle that adult human beings may not be prohibited or prevented by anyone from acquiring, holding and trading (with willing parties) valued items not already owned by others.” Source: The Internet Encyclopedia of Philosophy

8. This discussion should then lead into the concept of the different kinds of property (intellectual, artistic and material), and what part the government plays in the ownership of property.

9. Distribute the Napster Case handout. As a class, discuss the case and answer the questions on the sheet.

10. Students will write a paper answering the following question: This case involved intellectual or artistic property. How does it compare to government intervention in real-property cases? Give an example.
    
    For more information about the Napster case, visit http://law.freeadvice.com/intellectual_property/copyright_law/napster.htm.

Scenario 1
Your family owns a piece of land next to a public park. The city wants that land for a parking lot, so they take it by eminent domain. This is the power of the state to take private property for public use with payment of compensation to the owner. What could you do?

Scenario 2
A new kid at school has left his locker open a little. You saw that he had left his MP3 player in the locker. What could you do?

Scenario 3
Last semester you wrote a paper on the effect of exercise. You’re taking a class this year that requires a paper on almost the same topic. What could you do?

Scenario 4
“Santa” brought you a new DVD for Christmas. Your friend says he would like a copy of it. You have a DVD burner on your computer. What could you do?

Scenario 5
You really want the brand of sneakers that just came out on the market. You’re visiting your aunt in another city and you see someone who has a pair that looks as though they would fit you. What could you do?

Scenario 6
You’re supposed to write a poem for the school newspaper. Your friend from another city e-mailed you one that he wrote. What could you do?

Evaluation
Rubric for Writing