What is Property?
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...
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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Land owners do not have a right to infinite space above them. You can't block air travel or satellites in space and a lot more.
They've convinced millions of people not to read their own laws, nor comprehend what they read.
. . .
In America, under the republican form, absolutely owned property is known as private property - a constitutionally protected endowed right.
Qualified ownership is known as estate (like "real estate") and is a revenue taxable privilege.
Since rights protected by law cannot be taxed by law, only privileges can be taxed. That's why you will never find one statute nor constitution that levies an excise tax on private property ownership.
You may want to ask your public servants how your endowed right to absolutely own private property transformed into the revenue taxable privilege to hold real estate.
But do not be surprised at their silence. . .
I could give away someone else's car, too, but that would be stealing.
However, I have an interest in laws regarding "freedom of the seas". These are still being hashed out, and certainly change from era to era. For instance, as regards the Bosphorus and Dardanelles, I believe Turkey has been given international sanction to "govern" them, for certain types of ships.
See "The Montreux Convention Regarding the Regime of the Straits"---
http://en.wikipedia.org/wiki/Montreux...
Make that "intellectual capital".
No one, and I mean no one, can give something away they don't believe they own.
You are being tongue-in-cheek, aren't you, Mike?
Montesquieu says in "The Spirit of the Laws" regarding money: "...money becomes necessary; because a metal easily carried from place to place saves the great expenses which people would be obliged to be at if they always proceeded by exchange."
A simple explanation of this, is , if you need to go to Portugal to trade your sheep for wine, you sell your sheep in England for specie, then sail to Portugal to purchase the wine. Of course you still need to get your wine back to England, or preferably France, safely, so you "purchase" insurance.
He says quite a bit more about money, but you have to keep in mind the time and place in which he was writing.
(One of my majors was Finance---the time value of money is especially dear to my heart).
In theory right now in common real estate law in the USA (or at least the Eastern part of it), as a land-owner you have a wedge from the center of the Earth extending infinitely into space. Of course, the practical reality is different, especially regarding air rights. However, in New York City, for example, air rights are real. You can have your property on the ground and sell the space above it.
In a aerial society of airships, dirigibles, blimps, and balloons, very clear and complex concepts of "air rights" would make us look like Native Americans of the skies.
Just for example, considering the airways, the federal government almost followed what Ayn Rand identified as the proper way for the govenrment to privatize frontier lands. In the 1920s through 1950s, there were radio beacon airways that connected cities. Better navigation devices made those radio beacon airways obsolete. But they could have been privatized.
There is no reason why three-dimensional airspaces cannot be demarcated, owned, bought, sold, leased, rented, ...
The same is true of spaces under the surface of the oceans.
The Dutch thought (as we do) that they "bought" the land. They did not. It was given to them. You can condemn it as "primitive" but we exchange gifts all the time and do not call it buying and selling.
Curious Currency: The Story of Money from the Stone Age to the Internet Age by Robert Leonard, Whitman, 2010
Odd & Curious Money by Charles Opitz, First Impression, 1986
An Ethnographic Study of Primitive Money by Charles Opitz, First Impression, 2001
More to the point, are in the individualist concepts of machinery, tools, and (most importantly) ideas as property.
Imagine going back in time and explaining to Cicero that you are going to perform a song so often that a million people will learn to sing it, but you are still going to claim that it is your property.
And we still have a long way to go...
The Native Americans did, indeed understand property, though not the same as we do today, not in every context, and not the same way across all tribes, or across all times. Lumping them all together is primitive, collectivist thinking.
More to the point, neither did the Vikings, Romans, or Greeks have our view of property. They, too, were primitive collectivists. Our understanding developed slowly and is still developing. We call land "real estate" or "real property" because the primitive collectivists of the Middle Ages did not understand machines, tools, or ideas as property. Only land was real. And they called it "estate" because title came from the state - "I hereby dub thee Duke of York." And the king could un-dub you from "your" property if you changed religions... Only in the 1990s did the UK make a dent in "treasure trove" laws that denied a farmer the right to any gold or silver coins found on his land because all gold and silver (indeed, ultimately, all land) was the property of the Crown.
As an counter-example, as an example of one step along the hard road of understanding, in the Middle Ages when only land was real property and only men could own it, in the County of Champaign, in the town of Troyez, where they held Great Fairs (with Capital Letter) and whence we have the "troy" ounce of precious metals, market stalls became heritable property, and could be owned by women. Of course, that was an exception. In most of the primitive collectivist world of Europe and America, women could not own property until the 20th century. (In Egypt of the 16th century CE and in other Muslim lands, women were legally entitled to inheritance by customary law. See Making Big Money in 1600: The Life and Times of Isma'Il Abu Taqiyya, Egyptian Merchant by Nellie Hanna.
Anyone had a right to settle on the unowned land, most of which wasn't even being used in the very sparsely inhabited wilderness. And anyone had a right to institute a free society with a better government protecting the rights of the individual for civilization.
Tribes claiming control over "ancient sacred ground" have no more right to it today than centuries before, only a superior force in the form of the National Park Service, etc. helping them to destroy civilization and private property.
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