Ownership and Proof of Existence
— Is "Having" the Same as "Being"?

Property, intellectual property, digital assets—
Examining how "having something" proves "I exist."

Key Message: Ownership is a legal form of proof of existence. The claim "this is mine" is also a declaration that "I certainly exist." Property inventories are footprints of life, and inheritance is intergenerational transfer of proof of existence.

This essay is an academic analysis and does not provide legal advice or recommend any specific asset management strategies.

1. Ownership and Existence — A Philosophical Examination

The relationship between "having" and "being" is a fundamental philosophical question.

From "I Think, Therefore I Am" to "I Have, Therefore I Am"

Descartes proved existence through thought. However, in social proof of existence, "what you have" often defines "who you are." Bank accounts, real estate, cars—a list of possessions functions as a certificate of existence in society.

Erich Fromm's "Having" and "Being"

In "To Have or To Be," Fromm contrasted the "having mode" with the "being mode." He critiqued modern society's overemphasis on "having," arguing that true proof of existence should be found in "being."

Origins of Ownership

John Locke argued that ownership arises when labor is applied to natural objects. Cultivating fields, building houses, creating things—ownership as the fruit of labor is also proof of existence that "I worked here."

2. Property Rights — Legal Proof of Existence

Property rights in modern law are legal guarantees of proof of existence.

Absoluteness of Ownership

Article 206 of Japan's Civil Code states that "An owner has the right to freely use, profit from, and dispose of the object of ownership within the limits of laws and regulations." This absolute right legally acknowledges the owner's existence.

Registration Systems — Publicized Existence

Real estate registration, chattel registration, intellectual property registration—registration systems are mechanisms that publicly show "who owns what." Having your name in a registry is equivalent to obtaining official proof of existence.

Possession and Ownership

Possession (de facto control) and ownership (legal right) are distinguished. However, the de facto claim "this is mine" also functions as everyday proof of existence.

"Property is one of the oldest mechanisms for making an individual's existence visible in society."

3. Intellectual Property — Proof of Existence Through Creation

Intellectual property rights protect proof of existence through creative activities.

Copyright — Ownership of Expression

Copyright automatically arises for creators of original works. Novels, music, paintings—works are proof of the creator's existence, and copyright legally protects them. The claim "I created this work" is at the core of proof of existence.

Patent Rights — Inventions as Footprints

Patents officially record an inventor's existence. Patent bulletins list inventors' names, inscribing names in humanity's technological history. Edison, Tesla, Soichiro Honda—patents remain as their proof of existence.

Trademark Rights — Brands as Existence

Trademarks protect the identity of companies and individuals. Logos, brand names, catchphrases—these are differentiated proofs of existence stating "this existence is different from others."

4. Digital Assets — New Forms of Ownership

The digital age is changing the relationship between ownership and proof of existence.

Cryptocurrency and Proof of Ownership

Cryptocurrencies like Bitcoin prove ownership through holding private keys. "Whoever holds this private key is the owner"—a new form where ownership exists without physical substance.

NFTs — Digital "One-of-a-Kind"

NFTs (Non-Fungible Tokens) prove ownership of digital art and collectibles. "This work belongs to this person" is permanently inscribed on the blockchain. This is proof of existence for the digital age.

Data Ownership

Who owns personal data—this has been debated since GDPR. Search history, purchase history, location data—this data records "how I lived," and its ownership is a question of where proof of existence belongs.

Digital assets have no physical substance, but function the same as proof of ownership. Through blockchain technology, records more robust and permanent than traditional proof of ownership have become possible.

5. Inheritance — Intergenerational Transfer of Proof of Existence

Inheritance is a mechanism for passing proof of existence to the next generation.

Estate as Proof of Existence

Leaving property is an act of extending one's proof of existence into the future. "This was inherited from grandfather"—inherited property becomes a medium transmitting the deceased's proof of existence to descendants.

Wills — Proof of Existence of Intent

Wills record the deceased's final wishes. The expression of intent "I want my property divided this way" is proof of existence that continues after death. Through will execution, the deceased's intent continues to affect reality.

Renouncing Inheritance and Severance of Proof of Existence

Renouncing inheritance is also an act of refusing to inherit proof of existence. While it's a system for avoiding negative legacies like debt, it also means severing the chain of proof of existence.

6. Ownership and Loss — Vulnerability of Proof of Existence

Proof of existence through ownership carries the risk of loss.

Bankruptcy and Existential Crisis

Losing property can mean losing social proof of existence. Bankruptcy proceedings are also a public declaration that "this person no longer has property." For those who depended on property for proof of existence, this is an existential crisis.

Expropriation and Forced Loss

Private property may be expropriated for public interest. "Ancestral land" becoming a road—the experience of proof of existence being erased by public authority brings deep sense of loss.

Fraud, Theft, and Instability of Ownership

Losing property through fraud or theft is also a collapse of the foundation of proof of existence. When the conviction "this is mine" wavers, anxiety about existence itself arises.

7. Sharing and Proof of Existence

Not all ownership needs to be exclusive.

Shared Property — "Our" Proof of Existence

Jointly-owned real estate, partnership property, commons—sharing is collective proof of existence that "we exist together." Individual proof of existence connects with collective proof of existence.

Sharing Economy

Car sharing, share houses, subscriptions—the shift from ownership to use is progressing. A new mode of demonstrating existence through "using" rather than "having."

Open Source and Creative Commons

There's also movement to deliberately make creative works into shared property. Linux, Wikipedia—by leaving things not as "mine" but as "everyone's," a different form of proof of existence is established.

8. Desire for Ownership and Existential Anxiety

Excessive desire for ownership may be the flip side of existential anxiety.

Collecting and Proof of Existence

Collectors, hobbyists—obsession with collecting things may be a confirmation that "I who have this much certainly exist." Collections become proof of existence reflecting the collector's entire life.

The Paradox of Minimalism

Minimalism, choosing not to have, is also a response to the relationship between ownership and proof of existence. The declaration "I exist even without having" is a search for proof of existence independent of ownership.

Hoarding Disorder

The pathological inability to discard things can be understood as excessive attachment to proof of existence. The fear that "if I discard, I disappear" arises from equating ownership with existence.

"Attachment to ownership is often a manifestation of existential anxiety. True proof of existence lies not in having but in being."

— Extending Erich Fromm, To Have or To Be

9. Posthumous Ownership — The Fate of Proof of Existence

When people die, their possessions remain.

Estate Clearing — Confronting Proof of Existence

Estate clearing is work confronting the deceased's proof of existence. Clothes, photos, daily items—each is evidence that "this person was here," and hesitation arises about disposing of them.

Digital Estates

Social media accounts, cloud data, emails—handling digital estates is a new problem. Deleting accounts erases proof of existence; leaving them means they drift forever.

Dividing Keepsakes — Distributing Proof of Existence

Dividing keepsakes is a ceremony distributing the deceased's proof of existence to bereaved family. "Please keep this" is a wish to have part of one's proof of existence carried on.

After death, possessions remain as the deceased's proof of existence. Estate clearing is not mere tidying but contains ethical questions about how to handle proof of existence.

10. TokiStorage and Ownership — Preserving Existence Itself

TokiStorage is an attempt to preserve existence itself, not possessions.

Limitations of Proof of Existence Through Ownership

TokiStorage takes a different approach.

Proof of existence through ownership shows "what I had." Proof of existence through TokiStorage shows "who I was." The two are complementary, but the latter is more essential proof of existence.

Conclusion — Beyond "Having" to "Being"

Ownership and proof of existence are deeply connected. Property registration, intellectual property rights, digital assets—the claim "this is mine" is also a declaration that "I certainly exist."

However, proof of existence through ownership has limitations. Property is lost, inheritance is severed, objects decay. Proof of existence dependent on ownership always carries anxiety of loss.

As Erich Fromm pointed out, a shift from the "having" mode to the "being" mode is needed. TokiStorage supports this shift by recording existence itself rather than possessions.

Not "what I had" but "how I lived"—that is the true proof of existence worth preserving across time.

References

  • Fromm, E. (1976). To Have or To Be? Harper & Row.
  • Locke, J. (1689). Two Treatises of Government.
  • Macpherson, C. B. (1962). The Political Theory of Possessive Individualism. Oxford University Press.
  • Radin, M. J. (1982). Property and Personhood. Stanford Law Review, 34(5), 957-1015.
  • Penner, J. E. (1997). The Idea of Property in Law. Oxford University Press.
  • Waldron, J. (1988). The Right to Private Property. Oxford University Press.