What is Property?

Posted by $ MikeMarotta 8 years, 3 months ago to Politics
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In the "Postmodernism" discussion, engaged with AAshinoff, CBJ offered the image of a locked door. There, I replied:

Locks just stop honest people. Definitions of "property" seem to me to be socially contextual. I grant that fences are a universal indicator. But there are societies in which the huts have no doors, and the hut is still not to be transgressed. On the other hand, our retail establishments have very stout doors that open automatically for anyone and everyone. I once read that Eskimos (Aleuts), have a sense of property concerning driftwood. Wood is valuable, there being so little of it. But, if you find a piece of it, arbitrarily "far" up the shore away from the water, it was "obviously" dragged there by someone else and is not your property. That idea -- "not mine" -- is deep within our own culture: not everything left unattended is free for the taking.

I believe that one-liners are insufficient to understand property. The quip from John Locke that property is that "with which you mix your labor" is wholly insufficient, though it does identify at least one way to look at a complex phenomenon.

One challenge to understanding property is to differentiate "first instance" examples from "civilized" cases. In other words, Robinson Crusoe owned his island because it was isolated and uninhabited when he found it. What if, however, another person had landed on the opposite side, each thinking they owned the whole thing? It is easy to imagine many people each working the "whole island" planting here, hunting there, discovering each other... Now what?

For me, the single problem with "mixing your labor" is that breaking into a bank vault takes a lot of work. You might say that the vault is someone else's property. But Robinson Crusoe might have enjoyed 20 years on "his" island before the original owner returned to check on his property...


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  • Posted by chad 8 years, 3 months ago
    So many interesting ideas of conflicts and the question of how do you resolve them? How long before an abandoned property can be claimed, 6 months, 20 years, never? If I haven't visited my cabin in a short period is it open to occupation by any who passed by, saw it wasn't in current use and thought they could use it?
    The Indians have an interesting 'claim' on the land in that they were an indigenous people compared to the Europeans when they began to appear, but they had invaded the country from Asia, what gives them the right to ownership because no one else is around? The tribes of the Americas were anything but cooperative and could take another tribes property at any time. It is interesting that they all want to band together when there is the opportunity to aggrandize their property any time there is some connection to them and their ancestors to the land; to wit: a local tribe suddenly claimed an area was their sacred ground when someone discovered ancient petroglyphs on the land. Up until then the local tribe knew nothing about the petroglyphs and they have no clue as to what message they might have but once discovered they wanted 'their' land returned to them.
    One thing I am certain of, no government no matter how small or large should ever be allowed to own or control any property (land, intellectual, goods or etc.) under any condition for any purpose. When the entity that has the right to use violence against its citizens has the right to property it is simply one more abuse they will use to its maximum extent; to wit: The BLM, Forest Service, Park Service etc.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    The Enlightenment was pro-individualistic and reason. If they hadn't had that no arguments about 'mixing labor' would have led them to embrace property rights.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    There is a long history of alliances between all kinds of groups, including Indian tribes. Sometimes they banded together and other times they kept squabbling among themselves. Sometimes there are charismatic 'political' leaders and sometimes not. None of it makes any of them great intellects about property rights.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    Appealing to philosophical justification instead of the fist is not esoteric. We have rights as moral principles in accordance with our nature as rational beings who require a code of ethics to live. Those principles don't go away when a thug beats you over the head and takes what you have.

    Of course you lose your possessions (or your life) to thugs who get away with it; your rights have been abrogated. That is why we require a government to protect our rights from arbitrary use of force.

    Hitlers and Obamas don't justify the cynical principle that "guns make for property rights", which reduces the whole intellectual argument to one gang against another.
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  • Posted by dbhalling 8 years, 3 months ago in reply to this comment.
    There is nothing altruist or collectivist ethics in Locke. All proper property rights are private.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    "Collective communal property" is not property rights. They knew there were 'things' they used within the tribe. That is not a moral concept of property. Tribal control of land was a primitive form of statist, collectivist government, not property rights. Tribes fought against each other for tribal control. They had no concept of property apart from what they used under subservience to the tribe. Until the settlers came they had developed nothing to contrast their tribalist ways with and no way to form the individualist concept of land as property.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    The concept and principle of private property rights require egoism. No altruist or collectivist ethics cares who created the value. People become confused over Locke's "mixing" because they think it is presented as a way to deduce property rights with no moral context.
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  • Posted by evlwhtguy 8 years, 3 months ago in reply to this comment.
    I think you are being a little too esoteric here. You need to be a little bit more practical. What are the rights are transferred legally or illegally they're still gone. Having the moral High Ground does one no good whatsoever as one's being dragged off to the camp or tossed in a ditch with the other Corpses. Unfortunately it does in fact happened.
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  • Posted by Seer 8 years, 3 months ago in reply to this comment.
    Read George Catlin: "Illustrations of the Manners, Customs and Condition of the North American Indians", Volumes I and II.
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  • Posted by Seer 8 years, 3 months ago in reply to this comment.
    Also, as far as I know, Tecumseh was the only Indian able to unite those warring tribes.

    Although, the Ghost Cult in the later 19th century did, to a certain extent.
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  • Posted by Seer 8 years, 3 months ago in reply to this comment.
    I'm sure American Indians had some view of property rights. It just didn't extend to land, or the sky. After all, they were closer to a hunter-gatherer society, even in the Southeast, than a settled agricultural society, and obviously the freedom to traverse the land was essential.

    Also, American Indians had a lingering "raider" mentality. Stealing, from other tribes, was considered a virtue, so they must have had some sense of "property".

    New Amsterdam was traded by the Indians for beads and shiny things, and their thought was that they were getting the better of the Dutch, as no one could sell, or barter, what he didn't own.

    I'm not one to whine too much over the "noble savage" concept.
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  • Posted by DrZarkov99 8 years, 3 months ago in reply to this comment.
    You need to read Tecumseh's statements regarding Amerindian property. The Shawnee chief, who drew together the Wyandot, Fox tribe, Winnebago, Odawa, Mingo, Seneca, among other tribes, into his tribal confederacy very definitely viewed land as a collective communal property, and rejected American government claims to that land based on contracts with individual chiefs. General Harrison (later President Harrison), who fought and killed Tecumseh noted that Tecumseh's intellect was the equal of any world statesman. In spite of their military conflict, Harrison was an admirer of the leader of the confederacy, and feared that if he survived, it would mean the end of the westward spread of America. Hardly a "primitive collectivist," Tecumseh had distinct concepts of grazing and mineral rights, as well as a view of military action regarding prisoners and civilians that predated the Geneva Convention.
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  • Posted by dbhalling 8 years, 3 months ago in reply to this comment.
    No property rights are the result of creating value.


    Any material element or resource which, in order to become of use or value to men, requires the application of human knowledge and effort, should be private property—by the right of those who apply the knowledge and effort.

    Capitalism: The Unknown Ideal “The Property Status of the Airwaves,”
    Capitalism: The Unknown Ideal, 122
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    Posted by ewv 8 years, 3 months ago in reply to this comment.
    Indians didn't have an "abstract view of property". They had no concept of it. They were primitive collectivists. Of course that led to clashes.
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  • Posted by DrZarkov99 8 years, 3 months ago
    Native American tribes had a very different idea of property, with little emphasis on land as an item of personal ownership. Eastern tribes viewed land as a communally occupied property, while the plains tribes focused more on hunting rights over certain areas, rather than those lands themselves. This almost abstract view of property made for much misunderstanding in dealing with European settlers, who had very specific ideas of who owned what patch of land as personal property. With as much violence that ensued from these misunderstandings, you have to wonder what happens when we meet our first alien civilization, which may have even more different concepts of property.
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  • Posted by evlwhtguy 8 years, 3 months ago in reply to this comment.
    Unfortunately when someone sticks an AK47 up your ass and pulls the trigger, that transfers all your principled rights to the person pulling the trigger. Nations do the same thing....the Japanese in Manchuria in the 1930s for instance.....and governments do the same thing every day....even our own.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    Obviously the discussion is about property rights, not things without regard to human action. Understanding of moral principles as the base of property rights, and individualism in particular, are essential.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    The concept of property rights is required before defining specific actions required to define and claim property. That requires and individualistic outlook. Indians were tribalists with no concept of land ownership.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    Rights are moral principles defining and sanctioning freedom of action in a social context. Property rights means the right to use and disposal. Without the social context there would be no facts leading to the concept of property rights. The legal system is supposed to implement and protect that. Every political system presupposes an ethics.

    "Bundle of rights" refers to the fact that you can have a partial right of use, such as an easement over land, so the full right of use is divided among different individuals in a well-defined manner.

    Using guns to steal and violate rights does not negate the principle of the rights. The raw cynicism of 'guns make for property rights' is anti-intellectual 'might makes right' hooliganism, not a theory of property rights.
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  • Posted by $ blarman 8 years, 3 months ago in reply to this comment.
    The question was "what is property". To me that is a broad statement which allows for any kind of interpretation. You can feel free to describe things in whatever terms make sense to you.

    To me, in order for something to be considered property it must be associated with an ownership claim - whether by me or by someone else. And my claim can exist regardless of any social context. If I existed to the exclusion of everyone else, I would still claim my body and my mind my own first be recognition of the basic idea of me. Nothing else has boundaries or can be subject to a claim of ownership until they are differentiated from me. Thus the very first identification of property rights has to do with this primary identification and separation.

    Second, I then must evaluate my relationship in context with everything else which is not me. If I have an exclusive right of control and use of something, I assert personal property rights to that object. If I have shared right of control or use I assert shared or co-mingled property rights. And if I acknowledge someone else's personal property rights to something I acknowledge my lack of even shared right of control.

    As soon as I breathe air, I assert a personal property ownership over it. When it leaves my body I forego that ownership. It is fleeting. Water is the same way. When we talk about water rights (which are a big deal in my area), what we are talking about are water use rights - who gets to make first claim on water from such-and-such a source.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    The principle of property rights is a consequence of and inherent in individualism, not something deduced from 'mixing labor'. The discussion of mixing labor serves only to show how property can be claimed and specified once the moral principle is understood.
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  • Posted by ewv 8 years, 3 months ago in reply to this comment.
    Your body and mind are not economic property -- such 'self ownership' is at the root of ethics itself and is required before validating property and other rights in a social context. Private property is the right to use and disposal. Air and water are unowned, not a kind of property right. Muddling private property with "entitlements", the unowned, and your inherent self is not clearer.
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