关于休谟的财产权理论

市场社会需要以财产所有权为核心的最小限度的规则.而休谟的财产权理论最早亦最完整地揭示了这样的规则.首先,市场经由交换而成立,而交换的首要条件是确立财产所有权.其次,交换的法律表现即为契约,私人间的交易契约表示财产权的变动,即产生市场.最后,为使私人间的交易安全而有效率地进行,需要正义之法保障.依照休谟的说法,即稳定财物占有、根据同意转移所有物、履行许诺,此三者为永恒不变的自然法则.用现代的表述说,其亦是市场社会成立的基本法.哈耶克认为,它将与人类这一物种同在.

On D.Hume''''s Theory of Property Rights

The market society requires the rules with minimum limitation that regard the property rights as the nucleus. D. Hume's is the earliest and most complete theory that reveals such a rule. His theory is as follows: Firstly, the market comes into existence from exchange, and the primary condition of exchange is to establish the property rights. Secondly, the behavior of exchange in law is contract; the person-to-person trade contract shows the change of property rights, namely the engendering of the market. Lastly, the rule of justice is required to ensure that the person-to-person trade process going on safely and efficiently. According to D. Hume's parlance, the stability of possession, transference by consent, and performance are the permanent laws of nature. In modern expression, it is also the basic law to establish the market society. F. A. Hayerk considers that it will exist with human beings.