What is Property?

Posted by $ MikeMarotta 7 years, 3 months ago to Politics
167 comments | Share | Best of... | Flag

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...


All Comments


Previous comments...   You are currently on page 4.
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    Ayn Rand was not wrong and did not have a "theory that the better man has more rights" or "anyone can take anything from anyone else whom they can condemn". She did not say that "condemnation of the native Americans is ... sufficient for the conceptual foundation of property." This has nothing to do with "dots on a map".
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    Animals plucking fruit have nothing to do with property rights or any other ethical principle.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    Tribalist political control is not a "lease". A lease is an individual property interest for a fixed amount of time, not tribalism.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    Sweden has a mixed economy as does everywhere else now. Swedes do have a concept of property rights, but like everywhere not consistently. Anyone would have a right to replace a mixed-economy government with one that more consistently defends the rights of the individual if he could do it, which no one could for obvious reasons. This is not about "showing up" to "take as much as you can" and that is not what the settlement of America was.

    The Indians had no concept of property rights and mostly moved around over unsettled land. Their tribalist control was not a justification to prevent any European from settling on and claiming unowned land in the wilderness, and establishing a more civilized government. That is what they mostly did. They didn't begin by going after Indians where they were living to loot what they had. Some Indians did change to that system once they learned, and were then accepted along with their property rights.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    I am not "trying to ignore" anything. Locke did not have Ayn Rand's ethics. The egoistic ethics of the Enlightenment was only implicit. The justification of property rights requires more than an assertion about mixing labor with land. Locke was better on this than he is often given credit for but his formulation has led to confusion that leads people to dismiss his argument as a non-sequitur, which properly conceived it is not.
    Reply | Permalink  
  • Posted by dbhalling 7 years, 3 months ago in reply to this comment.
    You are spending a lot of effort trying to ignore the obvious Rand and Locke were saying the same thing Property rights are the result of creating value, which creates a moral claim over the use of something.
    Reply | Permalink  
  • Posted by evlwhtguy 7 years, 3 months ago in reply to this comment.
    The challenge you have here is that you are relying on this gang you talk about [ie: government] to enforce your property rights.
    Reply | Permalink  
  • Posted by $ 7 years, 3 months ago in reply to this comment.
    Most of the world is still that way. What, after all, is "Sweden"? Why not just show up there and take as much as you can?
    Reply | Permalink  
  • Posted by $ 7 years, 3 months ago in reply to this comment.
    How is that not a conflict of definitions? I called it a sale, you called it a lease. Think of software. You never buy it: you only license it. Yet, we primitives think we buy it (or many of us do). The software industry tried to argue this out in the 1980s and 90s but left it unresolved. Since then the Millennium Copyright Act made Mickey Mouse the perpetual property of Disney -- and perhaps it should be. Perhaps no work should fall into the so-called tribalist "public domain."
    Reply | Permalink  
  • Posted by $ 7 years, 3 months ago in reply to this comment.
    See my general reply below (here https://www.galtsgulchonline.com/post... ) The problem is beyond one-liners. "Property" is a highly abstracted concept. It can be traced to the mere animal claim to plucked fruit, but when you go from land to poetry and mathematic theorems, it is obvious that defining property objectively requires paragraphs, if not books.
    Reply | Permalink  
  • Posted by $ 7 years, 3 months ago
    In the Question and Answer session following Ayn Rand's speech to the US Military Academy at West Point in 1974, she addressed the issue of the Native Americans.

    "Since the Indians did not have the concept of property or property rights - they didn't have a settled society; they had predominantly nomadic "cultures" - they didn't have rights to the land and there was no reason for anyone to grant them rights they had not conceived of and were not using. It's wrong to attack a country that respects (even tries to respect) individual rights. If you do, you are an aggressor and are morally wrong. But if a "country" does not protect rights - if a group of tribesmen are the slaves of their tribal chief- why should you respect the "rights" that they don't have or respect." -- Ayn Rand Answers: the Best of Q&A edited by Robert Mayhew. New American Library, 2005, 1st ed., p. 103)

    The Right to Rob Banks

    Ayn Rand's statements there are wrong on several grounds. First and foremost, this "Cowboys and Indians" view of the natives is wholly incomplete. Most were settled into communities that depended on farming enhanced with hunting. Some of those communities were larger than Boston, Philadelphia, New York, or Charleston of the time -- and remained so for perhaps 100 years. In particular, the Cherokee had adapted many of the customs of the Europeans, including an alphabet -- and slavery.

    Our conceptual failure is rooted in the White maps of the time that showed rough areas - Seneca, Iroquois, Erie, etc. - and never put "dots" with names where those "villages" of 10,000 were -- and never gave those villages special names like "New York." (If you think that "Home" is not a name, just keep that in mind when space aliens claim our planet because we only call it "Dirt" not something special like New Sirius 7.)

    How is this the right to rob banks?

    Violent right wing militias rob banks by displaying "warrants" and "court orders." The Federal government has effectively nationalized the banks, even our much-touted BB&T. They are socialist non-property... as are the public parks, airports, schools, roads... So, any "civilized" person has the right to take those un-propertied non-assets -- or so it could be claimed.

    By Ayn Rand's theory that the better man has more rights, anyone can take anything from anyone else whom they can condemn. It is unlikely that Switzerland, Lichtenstein, the Cayman Islands, and Singapore could unite to militarily conquer the United States. But a cartel of economically unfettered capitalist nations could conquer America financially - and maybe already have...

    Maybe that conquest was not carried out by primitive tribal collections called "nations." Perhaps it was done by advanced capitalist organizations called "corporations." The complaints that "our" "nation" is being "sold" by "debt" is just the cry of uncivilized primitives who cannot conceptualized modern financial management.

    ... or so it could be claimed...

    Lest you read the wrong intention here, all I am saying is that Ayn Rand's condemnation of the native Americans is not sufficient for the conceptual foundation of property.

    I agree with the statements in this discussion that the concept of property begins with "mine." Property is created by human intelligence.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    They were required under law to live and work on the land within some criteria for a specific length of time before they got the full title. The title didn't create the right (or the "property"), it registered their particular claim to property as completed. The legal right was created when Congress passed the law and they subsequently staked their initial claim on specific unowned land they intended to use and keep as their right.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    This does not mean that "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" and the rest of what Ayn Rand wrote about the mind as the source of value in the material world isn't relevant to property rights principles and law -- it is essential. The hierarchical logical dependence of law on political philosophy and that on ethics isn't an empty structure of floating abstractions: All of the knowledge of the role of man's mind and life on a physical earth is in the meaning, and is crucial at each stage in the hierarchy in formulating the principles.
    Reply | Permalink  
  • Posted by $ 7 years, 3 months ago in reply to this comment.
    My wife's family came to Michigan when it was a frontier. They got a section, 640 acres, a square one mile on a side. You cannot see that far for the woods and little hills. So, could I farm my own acre of their 640 that they have not cultivated?

    (There is a stolen concept here. The 640 acres was already deeded to the owner under the laws of the Territory. So, the concept of title created the right to property.)
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    Generally, the air we breathe is not limited and not owned. Water can be owned, depending on the circumstances. Water rights in the west are commonly owned and so are private wells, but not the whole underground reservoir.

    Government control like NPS and BLM is statist control, not joint ownership rights. They specialize in seizing private property rights.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    That which you can't follow because you don't understand Ayn Rand is not "superficial", nor are your personal attacks welcome here.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    It was tribal control or partial control they were surrendering, not private property.
    Reply | Permalink  
  • Posted by ewv 7 years, 3 months ago in reply to this comment.
    "But" why? We're talking about Indians, not claiming that the rest of the globe has always been a bastion of property rights.
    Reply | Permalink  

  • Comment hidden. Undo