TO RETENTION FROM OWNERSHIP
     ~TO INFORMATION SOCIETY FROM INDUSTRIAL SOCIETY~

1. INTRODUCTION
In general, it is believed to be impossible to deny the private ownership(property) and to object to its legitimacy. It is a typical recognition that it stands to reason ethically that the result of self-labor is to self-ownership,and if denied private ownership and done publicly owned(state-owned), not only the labor of incentives but the drive of the development of society is inhibited. In addition, in general, it has been understood that private ownership is directly tied to the capitalist economy, and industrial society under the private property system is as impossible to non-capitalist society, so the legitimacy of private ownership have meaning as legitimacy of capitalist economy.
However, on the other hand in the reality global financial capitalism is brought about widening gap between rich and poor, repetition of the bubble and the financial crisis and the monetary crisis, and its radicalization, and contradictions such as unseasonable weather due to excessive environmental load,and it has also been accepted that it is not permitted to justify.
As logical to avoid such a conflict, a claim is often made that it is necessary to apply the limit to the assertion of the private ownership as necessary, so naturally there is a limit for the ownership, because the assertion of the ownership such as cause damage to another person does not have the legitimacy from the point of view of "natural law" and "humanism". (See Reference ⑦)
However, setting of the system for the limit receive acts of power relationship and is substantially powerless in reality, because it is intended to add the external limit to the logic of private ownership, and it does not have an internal logic. There is a need to criticize the logic of justification of private property inherently.
2. WHAT IS LEGITIMATE OWNERSHIP
In the case that oneself (subject) has been acquired the processed goods(products) by processing (producing) to things(object) that does not belong to anyone and anyone does not have a stake in itself (ownerless and unrelated object) by the labor, the possession of the processed goods(products) by the oneself (subject) has a legitimacy in its own way. It can be said that is the legitimate ownership. This matter is expressed "self labor-self possession" as a legitimate possession. And, it is free how to dispose the possession and its disposal is legitimate, also it is recognized that those yielded by or derived from the possession and self-possession is also legitimate. This depends on ownership theory by J.Locke.(See Reference ⑦)
However, these ownership by the "self labor-self possession" is not necessarily identical to the private property system.
3. PRIVATE PROPERTY SYSTEM AND ITS EFFECT AND CHARACTERITICS
In short,the private property system is a system to recognize universally that having once owned it is free how to dispose the property. In other words, it is a system that owning of thing means that the thing belongs to owner or it is "owners thing", and it recognize that the disposal ( use, processing, conversion, rent or lease, and transfer) of "owners thing" based on their own will and way is legal, and obtaining a valid utility for oneself by the disposal of property at self-determination is legal. Further, the private property have features that regardless to process led to the ownership and to characteristics of the object of ownership (originally whether or not was due to the labor), and that dealing not any restrictions on the disposal of property.
This private property has characteristics that are singularity, absoluteness, and ideal nature. Details are following.
① singularity : For one of the object only one of ownership is set. It is denied that plural rights referring to one of ownership are set in multiplex and multilayer as under feudalism. Also, it is eliminated that any right in accordance with the ownership is set to the person other than a single owner. The setting of the credit is another.
② absoluteness : The owner has the absolute rights to use the self-possession freely,to raise the revenue with the property, and to dispose (processing, loan and transfer) of the property freely, and to be absolutely negative to be subject to interference from others against the disposal.
③ ideal nature : Ownership is not limited to the occupancy of a specific object, also never differing properties depending on the object, and having abstract and universal ideal properties.
4. OWNERSHIP TRANSFER = CUTTING OFF RELATIONSHIPS
In the private property system, on the occasion of the transfer of ownership, relationship and interests having transfer goods forcibly cut off from the ownership properties of singularity and absoluteness. Goods transferred and newly owned is placed in under the new relationship set by the new owner.
Regarding to goods, it is adapted to transfer with detaching and cutting off the relationships since it exist in spatially closed and limited state and it is the self-existence in itself. However, private property is overcoming tangible of the goods by its nature of ideal(abstract). The object of private property has been universalized to include up to non-tangible goods. Further, even if a property have a relationship that originally can not separate and cut off with it, the property transfer as if the relationship have been cut off. For example, the labor force commodity that although have relationship that can not be cut off from the workers themselves transfer ignoring its relationship and branding that have been cut off. Originally the labor force and the land can not be commodity. The labor force and the labor process in which apply the labor force is under the worker, and fruits of labor is also under the worker, the land is under the whole of the society.
5. OR TRANSFER OF OWNERSHIP IS LEGITIMATE
A certain degree of legitimacy for the transfer of self-possession is recognized, but there is a limiting requirement to the legitimacy in the case of transfer of the possession that is derived from the transferred possession. There is a problem in that recognize the absolute legitimacy to obtain a benefit by the transfer of the workpiece (product) as a self-possession that is produced by processing of the object that became a self-possession by ownership transfer using the means of production (the labor force) that similarly became a self-possession by ownership transfer. Because, the labor force as transferred ownership originally had the relationship of itself, and the part of which becoming to have no legitimate authority with transfer is also incorporated into the owner, and the owner utilize as convenient. As far as ownership that is originally impossible to cut-off the relationship of itself, for example, land, labor force, information, and the like, those transfer can not have absolute legitimacy.
6. INDUSTRIAL SOCIETY UNDER PRIVATE PROPERTY SYSTEM
However, private property system is exactly working system on the assumption that absolutely recognize the legitimacy of it. The goods distribution based on the division of labor and the universal exchange in the the market is established by the approval of such a private property system. The industrial society has been established by the generalizing of this universal goods distribution and goods producing company. It can be said that the market and the industrial society could not have been established by eliminating the private property system. And, it has been assumed that in this industrial society efficient social development is realized by the proper allocation of resources by the action of the "invisible hand" that was based on the profit objective behavior of the corporate body and the price mechanism of the market.
7. BUSINESS ENTITY AND ITS PROFIT DISTRIBUTION
Under the private property system, many of the social production organization exist as a business entity of profit purpose (private enterprise) in the form of the private corporate body that becomes the subject of private property. A result of the production in this business entity (private corporation) is of course become the property of the business entity (private corporation). The private corporation itself is the property of the owner,that is, those of the shareholders if public limited company, and in principle and indirectly, it comes to all of the possessions of the business entity are those of the shareholders. And, distribution of profits (result of production activities) of the business entity execute as a dividend to shareholders. it means that a part of the possessions of the corporate entity is distributed between its owner. So, there is no room to bring up a concept such as "distribution according to contribution" as a logic to assert the legitimacy and fairness of private ownership of the profit of the business entity. If there is only thing that a portion of the profits that the shareholders themselves should to be get is distributed to meritorious management directors in solidarity of the shareholders.
8. CONTRADICTION OF BUSINESS ENTITY AS A PRIVATE CORPORATION
However, the business entity has a dual structure that while it is a private corporation that can own by itself,exist the owner of itself. Namely,it have the contradiction that though it is the subject of ownership, there is its owner. Although feudal lords were impeached the illegitimacy of their ownership as owns without labor, in the industrial society, it is possible that the shareholders of private companies owned without labor by this double relations of the ownership. This double structure of ownership present apparently inconsistency with respect to the justification of the private property of "self labor self-ownership" logic.
9. SUBSTANCE OF THE BUSINESS ENTITY AND ITS CONTRADICTIONS
In addition, substance of the business entity as a private corporation (bearers of functions for the corporation to act as a legal person) is manager and workers. The business entity is substantially composed of managers as leaders to operate their own organization and workers. Managers and workers transfer their ownership of labor force to the business entity, so their ability become the ability owned by business entity as private corporation itself. As a result, a mechanism that artifacts of results from operating activities (self-labor) of the business entity is attributed to the self-ownership of the business entity has been concluded.
However, when the manager and workers to transfer their labor force to the business entity, the relationship of the manager and workers with themselves, and the relationship with the world around them can not cut off as well as goods (products). It is possible to operate a business entity to demonstrate the ability by rather based on their relationship. In the case that process of goods production in the business entity is a simple one, the contradiction is small, because the labor force is able to transfer in a state in which nearly cut off the various relationships since offering labor is simply only physical labor.
Whereas, with the sophistication of the production system in the business entity, in particular with response to the shift from the industrial society to an information society, the relationship and faculty that cannot fit in the transfer of ownership of the labor force become increasingly to have larger significance in the business entity activities. Consequently, the logic of "self labor self-owned" fall into deeper contradiction in the substance of the business entity. In addition, by the development of the informatization(activities referring to information going to be key element of society), although the importance of the leader is increasing, the difference itself of role of manager and workers is becoming increasingly small, so it is inevitable to increase negative effects of making a distinction between the two.
10. "DISTRIBUTION IN ACCORDANCE WITH CONTRIBUTION"
As a practical response to the contradiction in the business entity, above-described concept of "distribution according to the contribution to the result" is presented, and there have come to seek the validity of the private property. Namely, the logic that the fruits by the transferred labor force is belong to the owner of the transfer destination exhibits contradiction, forcing the logical realistically, does not increase the fruits because of the lack of incentives for labor, so began to would no longer hold the operation of the business entity. Therefor, it has became to deal with the situation by the principal point of the logic of the justification of private ownership moving from the "self-labor self-ownership" as an idea to the "distribution in accordance with contribution". As underlying, there was the piecework system that is made a payment corresponding to the amount of provided labor, and the payment was considered as payment for the transfer of the labor force. It suppose that the new logic was easily accepted by its appearance similarity. However, there is essential difference between a payment corresponding to the amount of the transfer of labor force and "distribution in accordance with contribution".
11. LEGITIMACY OF PRIVATE PROPERTY DOES NOT STAND UP
"Distribution in accordance with contribution" means that the distribution is determined depending on the degree of contribution (faculty) for results (gain) of the production, and claims to be legitimate the private ownership of those distributed in this way. However, centralized and fair criteria to assess the degree of contribution does not exist even logically also realistically, so it is not possible to claim the legitimacy. It is essentially impossible to assess with a clear boundary that how to some labor influence or contribute for the result,and in what kind of the relationship the contribution has been demonstrated. This is because that also in the formation of labor force of each individual the system of the whole society is involved in a variety rather than the labor force itself has been uniquely established, and it is impossible that only limited labor of a single or associated with fixed relationship contribute to the result, and the relationship of a certain labor is multiplex, multilayered and fluid, and the labor is performed in which many of the relationship has been accompanied with complicated manner.
In the present situation, such results (performance) of the labor is allocated on the basis of the position (position and roles) in the production process, and this is accepted as distribution according to the degree of contribution to the result of production. Further the position in the production process is established on the basis of the hierarchy in the current state of the social environment which is determined by social status, social role, career, educational background, etc. So, an incentive functions to obtain a high distribution by raising the position in the social hierarchy or more directly the position of the production process. Thus, "distribution in accordance with the contribution," had been becoming a thing that to justify hierarchical structure of the status quo that has been built on the basis of the private property system by such as circular reasoning, and to expand the generated hierarchy gap at spiral manner. In such a social structure, even if act or labor utilizing the many relationships based on their relationship, its results are evaluated only in a state of being incorporated in a hierarchical structure, and colorful relationship associated with labor will be thus eliminated to the outside.Therefore, it can not say that such a rating and distribute is able to justify the private ownership as "distribution in accordance with contribution".
Of course, exceptions are many. "Horiemon" has been to hand the huge amount of wealth as well as was temporary due to its knack, after all the stops to irregular case, it is not to affect the social system. Even in the United States of Jim Crow society of the past of the Civil Rights Act,while being some black received high education and put themselves in the social upper hierarchy, but in the thing not to say that there was in a just society free of black discrimination.
12. PROPOSAL OF RETENTION CONCEPT
As described above, the private property system which is intended to justify distribution and ownership in accordance with the contribution, for actually justify the distribution of the fruits of labor on the basis of the social hierarchy, saying to extremes on the basis of the gap between rich and poor by assumption that accompanying relationship with labor force has ben shutting off. The private property is from synthetic view point intended to justify that the top person in the social hierarchy,the rich, steal the gain by the accompanying relationships with labor force. As a result, it is brought the expanding of the gap in degree and in the geographical range by unevenly distributed wealth obtaining first furthermore wealth in preference to increase the overall wealth, widening of the gap both in the same area and between regions, and in the macro-economic system the repetition of the bubble and crisis of the financial system and the expansion of its scale and severity.
In order to realize the distribution on the basis of the relationship, it is keenly aware of necessity that the application of the private property system is to be limited to the ownership and transfer of goods, and forming of a new system that does not recognize the transfer of ownership for the object such as the labor force that can not be cut off the relationship. Now, propose a concept of "retention" that is state of "possession with retaining-utilizing the relationship" differing from the private ownership. For example,referring to the labor force, rather than workers own it, it is a correct recognition that it is under the workers in a condition of just as it is present, and it is to grasp the state as retention. Incidentally, referring to the ownership of goods, it is possible to maintain unchanged by returning the recognition as a special form of retention relating to goods.
The best fit to the concept of retention is the information. In the information society, retention system is universal and appropriate system. Because the information is a recognition of the relationship itself, not can be the information cut off the relationship. And information is possible to replicate indefinitely, so even if a information is transmitted the information remains in the original, and information have not even exclusive singularity also absoluteness that are characteristics of ownership. On the other hand, the land and nature is in the presence of previous mankind beings, and it has a universal relationship with the mankind as a survival environment that mankind will survive in that. Accordingly, inherently it can not transfer with interrupting the relationship, it is not amenable to the characteristics of the ownership. Thus, nature (land), human (labor) and information, even if can retain, not to be owned, and it should not be confined to the ownership system.