The Evolution of Private Property Without Formal Justice Systems

Abstract This paper explores the evolution of private property in the absence of formal justice systems, codified laws, and institutional enforcement through police or military power. Drawing upon historical anthropology, political philosophy, and game theory, the study examines how property emerges, stabilizes, and remains fragile when enforcement relies solely on custom, reputation, or force. The findings suggest that while private property can exist in pre-legal contexts, it remains unstable and prone to conflict until societies develop proto-institutions—such as chiefs, religious authorities, or councils—that eventually lead to codified law and organized enforcement.