Tag Archives: first possession

Use, possession, ownership. An ongoing conversation with P. Kanngiesser

Recently Patricia Kanngiesser sent me a copy of the intro to her doctoral thesis, “Biological and Developmental Origins of Ownership Concepts.” I really enjoyed reading it. It’s extremely well written and well argued. She provides a number of new insights on the development of ownership with great clarity. It’s just brilliant.

One of the important topics Patricia addresses is the conceptual distinction between possession and property. She argues that, while possession presupposes physical proximity between possessors and their things, ownership holds even in the owner’s absence. Possession requires the simultaneous presence of owners and their objects, ownership does not.

Based on this distinction and on extant research on ownership in animals and humans (children and adults), she claims that animals show only possession-related behavior that is crucially dependent on an animal being in physical proximity to a thing. In other words, ownership is absent in animals; animals display rudimentary precursors of ownership-related behaviors only.

“While animals show attachment to things such as territories, food, and mates, evidence for recognizing possession and respecting others’ possessions irrespective of factors such as dominance rank or competitive advantages is sparse. Apart from one rare example of respect for possession of females in baboons, most respect for possession seems to derive from the fact that possessors manage to avoid dominant rivals (e.g. by carrying possession away). Finally, universal social rules regarding ownership are absent from animal societies. While attachment to things could form a biological basis for ownership-related behaviors in humans, an ownership concept that encompasses recognition and respect of ownership as well as a complex web of social rules is probably the unique product of a human socio-cultural environment.” (Patricia Kanngiesser, doctoral thesis).

Up to here I summarized Patricia’s position, and I agree with her. Now, it must be noted that even animal possession is not a two-term relationship (between an individual agent and a thing) but always presupposes a social context. There are possession conflicts because there are individuals competing for objects and for recognition, or for “prestige” as Philippe Rochat would say. PK notes that “about 75% of young children’s conflicts with peers revolve around the possession of objects” and that “21-month-olds often view a toy as more attractive after another child has named or touched it” (Hay & Ross, 1982). Objects become desirable because they are desired by other children; once a child children obtains an object, she wants to be recognized as possessor by other children; she now has exclusive access to the object and can exclude other children. As PK writes, “it is thus conceivable that conflicts concerning the possession of objects are also driven by social motives such as establishing social relationships and exerting social influence.” This, again, suggests not a dual relationship agent-object but at least a triadic relationship agent-object-agent.

Furthermore, PK also notes that “prior possession presents an advantage in conflicts over objects”, a finding corroborated many times both with young children and with some animal species. Now, if current possessors tend to win possession conflicts, it’s because other agents can identify them as possessors. Which again suggests not a dual relation agent-object but a triadic relation where other agents can identify possessors and interact with them accordingly. In this incipient relationship between a non-possessor and a possessor, even if “universal rules” are still absent (as PK argues), there is something like a proto-rule at work: perhaps for strategic reasons that can be modeled in terms of game theory (costs of trying to take an object from a possessor are high), perhaps for efficiency reasons (groups are more stable when possessors are not attacked and conflicts are minimized), current possession is respected, which might be a precursor of institutional or conventional rules such as the prior possession rule (which establishes that prior possession is a justification for ownership).

Therefore, I stick with my position that you need to discriminate three different categories:

– Use: dual relationship between an agent and an object (food, toy, instrument, etc.)

– Possession: triadic relationship agent-object-agent that requires one agent (called the possessor) physically controlling the object, while the other agent is excluded from this relationship. In this scenario, some proto-rules start to play out.

– Ownership: a relationship between agent and object that is not based in physical control but in normative rules (“universal” rules, as PK calls them). The title of owner gives the owner privileged access to the object and, in general, a number of rights and duties.

 

Possession as the origin of property

Rose, C. M. (1985). Possession as the Origin of Property. Faculty Scholarship Series. Paper 1830.

Fascinating, beautifully written article by Carol Rose explaining the relationship between possession (especially first or prior possession) and ownership from the point of view of legal theory.

Many psychologists investigating ownership in children have tried to disentangle first possession from other principles such as invested labor. Also, psychologists have tended to consider possession as a kind of direct, physical relationship between a person and an object. Rose, however, provides reasons to mistrust those positions and makes clear that possession is much more complex than common sense dictates, for three reasons at least:

1) Legal decisions that supposedly applied a first possession doctrine (e.g., the famous Pierson v. Post case) incorporate other principles as well, such as “reward to useful labor”. Actually, John Locke’s labor theory of property can be seen as very close and akin to the first possession principle. He makes it clear that it is the first agent who takes control of a natural resource through her work that gains ownership over it. He uses the simple example of picking an apple: the apple becomes mine when I pick it because I have added my labor to it and made it my property. Notice that, in this case, the added labor is minimal, and the crucial factor is that I picked the apple before anybody else. First possession and labor theories of ownership are similar and related to each other; they even imply each other.

2) Possession is not a direct grasping or grabbing of an object. Possession only takes place in the context of intersubjective conflict, or at least competition and potential conflict. Although there are precursors of possessiveness and territoriality in animals, human possession is not a purely natural, physical relationship between a person and a thing. Rather, it is a social act that follows proto-institutional or institutional (in Searle’s sense) rules.

3) Among those social and proto-institutional rules, the rules establishing what counts as giving public notice of an act of possession play a crucial role. For instance, what does a conqueror need to do in order to announce to the world that she has discovered virgin territory and therefore has a legal claim over it?

According to Rose, “common law defines acts of possession as some kind of statement. As Blackstone said, the acts must be a declaration of one’s intent to appropriate.” “Possession now begins to look even more like something that requires a kind of communication, and the original claim to the property looks like a kind of speech, with the audience composed of all others who might be interested in claiming the object in question. Moreover, some venerable statutory law obligates the acquiring party to keep on speaking, lest he lose his title by “adverse possession.”

Possession then requires the possessor to perform certain speech acts (in the technical sense this term has for speech act theory).

I quote Rose again:

“Possession as the basis of property ownership, then, seems to amount to something like yelling loudly enough to all who may be interested. The first to say, “This is mine,” in a way that the public understands, gets the prize, and the law will help him keep it against someone else who says, “No, it is mine.” But if the original communicator dallies too long and allows the public to believe the interloper, he will find that the interloper has stepped into his shoes and has become the owner.”

“Similar ideas of the importance of communication, or as it is more commonly called, “notice,” are implicit in our recording statutes and in a variety of other devices that force a property claimant to make a public record of her claims on pain of losing them altogether. Indeed, notice plays a part in the most mundane property-like claims to things that the law does not even recognize as capable of being reduced to ownership. “Would you please save my place?” one says to one’s neighbor in the movie line, in order to ensure that others in line know that one is coming back and not relinquishing one’s claim.”

“Thus, it turns out that the common law of first possession, in rewarding the one who communicates a claim, does reward useful labor; the useful labor is the very act of speaking clearly and distinctly about one’s claims to property.”

 

 

Bakeman & Brownlee: Social rules governing object conflicts in toddlers and preschoolers

Bakeman, R., & Brownlee, J. R. (1982). Social rules governing object conflicts in toddlers and preschoolers. In Peer relationships and social skills in childhood (pp. 99–111). New York: Springer Verlag.

I’ve seen this article quoted over and over again as one of the first serious studies on ownership in children. I finally was able to read it, and I am very impressed both by the empirical study and the theoretical reflections.

On the theoretical level, the authors hypothesize that young children are capable of developing rules to regulate interaction with their peers, “as a consequence of a fundamental human propensity to regulate social interaction in a ruleful manner”. They say children do this “not as a result of cultural intervention.” What they seem to mean is not that rules are a natural phenomenon developed outside of culture, but that children tend to develop rules spontaneously, independent of explicit adult teaching. I believe that the authors would accept the proposition that rules are developed in the context of peer-culture. The important point Bakeman and Brownlee are making is that normativity is present in human interaction very early (during the second year of life).

The authors see possession episodes (interactions in which a child tries to take an object from another child) as a privileged source to obtain examples of early rules. We know that 18 month-olds already use the possessive “mine” in the context of their frequent possession struggles. Such disputes are often the occasion of adult intervention and rule stating. For all these reasons, possession is “the place” where one should look for children’s first rules.

In their empirical work with possession episodes, the researchers focus on two types of data: the rate of success by object takers and the rate of resistance attempts by object holders.

The main finding of this study is that prior possession influences the outcome of possession episodes. If a taker has had prior possession of the object, then her take attempt is more likely to succeed. The outcome of possession episodes among children in the second, third, and fourth year of life is not simply a matter of individual power, but can be at least partly explained by reference to the prior possession rule. The researchers also found that one year olds are as likely to resist a taker who has had prior possession as not, while three year olds were less likely to resist a taker who has had prior possession. This suggests that among the three year olds the prior possession claim may have been recognized by both children, at least at a point sufficiently early in the taking so that active resistance was less likely.

However, rule observance is not the only possible explanation for children’s behavior. Perhaps if a child has played with a toy recently, she is more likely to prefer that toy to others and hence to expend more effort in its recovery. Other children might eventually acquiesce to this more vigorous onslaught, what the authors call the ”vigor of desire.” Later, children may come to resist the prior possessing taker less, not because they have accepted a social rule, but only because they have learned about the negative consequences associated with this situation.

The authors, then, admit that there is no definitive way to decide between a “social learning” and a “shared rule” interpretation of the facts, especially in the one-year-olds. The situation is somewhat less ambivalent in the three-year-olds, because they are less likely to resist a taker who has had prior possession independently of their dominance, therefore they do not seem to be simply avoiding conflict. More importantly, the authors also claim that the difference between the two interpretations may be more apparent than real. I agree with this. The fact that children resist less when the taker is a prior possessor might reflect both a tendency to avoid conflict and a spontaneous way of regulating peer interaction. In other words, what we are dealing with here are rules at their very birth.

At the end of the article there are a couple of beautiful paragraphs that clearly express the authors’ outlook: “Young children are neither nasty brutes who must have rules imposed upon them nor noble savages who come with a built-in sense of equity; rather, they are adaptive, socially sensitive organisms trying to get along in a social world full of conflicting needs and limited resources. They may have a far greater capacity for ruleful regulation of their social affairs than we usually grant them, a capacity which only careful observations of young children playing with their age-mates is likely to reveal.”

Bakeman and Brwonlee are pioneers. Apparently they are the first who studied the prior possession rule in children. I used to think that Hildy Ross was the first. The findings are the same: even 18 month old toddlers seem to observe a basic version of the prior possession rule.

Children value ideas over labor

Text #15

Li, V., Shaw, A., & Olson, K. R. (2013). Ideas versus labor : What do children value in artistic creation ? COGNITION, 127(1), 38–45. doi:10.1016/j.cognition.2012.11.001

The procedure is simple: have an adult direct a child making a work of art (so that the adult is contributing the guiding ideas while the child is contributing “brute” labor). Then, reverse the roles: have the child supply the guiding idea while the adult follows directions and executes the work of art. Finally, have the child chose which final product she prefers to take home with her: the one that incorporated her effort or the one that reflects her idea?

In a second experiment, the researchers used a similar situation but now they tricked the subjects so that children believed that the drawing contained their ideas when it actually contained the adult’s idea (and vice versa, they believed that the drawing which they had actually created while being directed by an adult was the one that incorporated their ideas).

In a third experiment, they used a third person narrative to lay out a comparison between someone who contributes labor and someone who contributes ideas to the creation of an object. Who should keep the resulting product?

These studies demonstrated that by 6 years old, children value ideas over physical labor. Six year olds systematically chose pictures that contained their own ideas over pictures that contained their labor, even when they were merely tricked into believing that they had come up with the idea for a picture that they had not. Further, 6 year olds demonstrated a general appreciation of ideas – they not only valued their own ideas (Studies 1 and 2), but also privileged idea creators over laborers in a property dispute (Study 3). In contrast, 4 year olds appear to have preferred pictures that contained their specific idiosyncratic preferences. Four year olds preferred pictures containing their ideas, but also their idiosyncratic preferences in Study 1 and pictures they believed contained their labor but also their idiosyncratic preferences in Study 2. Further supporting this possibility, in Study 3 where idiosyncratic preferences could not play a role in selection, 4 year olds showed no bias for either a third-party idea creator or laborer. Six year olds, by way of contrast, sided with the idea creators in third-party case, even when they personally had no connection to the idea.

The age effect in these studies may exist because 6, but not 4 year olds, understand that ideas are valuable and can thus be owned.

In conclusion, the tendency to value ideas is present in childhood and may emerge between 4 and 6 years old. 6 year olds value ideas over labor even when making third-party judgments, favoring those who only contributed ideas as more deserving of a picture over those who only contributed labor.

First arrival and land ownership

Text #12

Verkuyten, M., Sierksma, J., & Thijs, J. (2015). First arrival and owning the land: How children reason about ownership of territory. Journal of Environmental Psychology, 41, 58–64. doi:10.1016/j.jenvp.2014.11.007

This is an interesting and rare article on first arrival and land ownership.

The article raises interesting questions on the role of the “first arrival” principle in disputes about land ownership. “First arrival” to a land is in a sense analogous to first possession of objects. They study this topic with children between 9 and 12 years of age and their answer is that “children believe that a person owns a particular land relatively more when that person arrived first.” Furthermore, the first arriver is considered to own the land relatively more even when she did not work the land, compared to the later arriver who did work it. In judging ownership, first arrival even outweighs the laboring of the land of the later arriver. Thus the perceived possessory right of the first arriver is not fully transferred to someone who worked the land but did not arrive first.

“Being there first seems an important consideration for deciding who owns the land and has the right to control it. This corresponds to ‘historical right’ which in political theory refers to the right to a piece of land because of first occupancy (…), and to anthropological research that has demonstrated that people use notions of autochthony as self-evident reasons to (re-)claim land and rights in territorial and other disputes (…). First-comers to a new territory have historically claimed ownership of the respective territory and the belief of ‘we were here first’ tends to trigger self-evident notions of ownership and entitlements.”

Methodologically, the paper is questionable. The researchers use self-administered questionnaires to test children about many topics during a single session. They don’t interview children; they can’t ask for justifications or dig deeper into children’s reasoning. They call their research an “experiment” and I’m not sure it can be called one. The subjects are relatively old children (9 to 12 years of age), which is convenient if one wants children to self-administer the questionnaires.

I think it would be interesting to do a similar research but targeting younger children’s ideas on land ownership and, in general their territorial ideas and behaviors (present already at 2 years of age at least).

Levene et al. on ownership claims

Text #11

Levene, M., Starmans, C., & Friedman, O. (2015). Creation in judgments about the establishment of ownership. Journal of Experimental Social Psychology, 60, 103–109. http://doi.org/10.1016/j.jesp.2015.04.011

This is an essential paper for the field of the psychology of ownership.

Levene et al.’s study focuses on a fundamental topic. People come to own objects as result of specific actions, such as creating (or building) the object, discovering the object (thus being its first possessor), buying the object, etc. These are not mechanical or physical facts, but institutional acts performed inside a certain culture. The social norms and procedures that regulate ownership operate on a conceptual and linguistic level. In other words, human ownership it’s not just a matter of grabbing things, but also of arguing why something belongs to someone: “because I saw it first”, “because I made it myself”, “because dad gave it to me”, etc.

Now, such ownership claims can sometimes conflict. One person can say, “This is mine because I saw it first”, while another one can reply, “No, that is not yours, that is mine because I made it”. In such a case, which party has the most powerful argument? Perhaps some specific types of ownership claims are more decisive, fundamental or relevant than others. There might be a hierarchy of ownership principles according to which, in general, “creation” trumps “first possession” (or the other way around).

Some studies (both with children and with adults) have tried to clarify which ownership principles are usually acknowledged as the most relevant or decisive. There is a problem with such a task, though: it’s very hard to imagine situations in which principles are applied in a pure, uncontaminated manner. Rather, each principle tends to mix and confound itself with others, to some extent. For example, “creation typically implies prior possession and manipulation of the object, so it is difficult to be sure whether children’s ownership judgments were based on creation itself, rather than on these other factors”.

Levene et al.’s paper addresses these questions by means of four studies conducted with adults over the Internet. They use third person stories which involve some ingenious and novel ways of taking apart ownership principles in order to establish which one has precedence over the others. For example, in one story, a man throws paint at a board, thus creating a painting; while a second man picks the board. The first agent thus embodies pure creation (without possession) while the second embodies pure possession (without creation).

The authors conclude that creation is the most important and general principle, and that it affects people’s judgments of ownership more clearly than other competing principles such as first possession, invested labor or increases in the object’s value. “Creation trumps first possession as a mean of acquiring ownership”.

Another interesting implication of the paper is that they take apart creation and labor invested. I have always thought they were more or less the same. However, the act of creating something new (something that didn’t exist before this creative act) is related to, but can be distinguished from a) the idea of the thing to be created and b) the labor invested in the creation. Both the idea and the labor are essential for the creation, yet they are different from the creative act.