[net.politics.theory] Freedom and property, round 2

hfavr@mtuxo.UUCP (a.reed) (11/23/85)

In an earlier posting I outlined the Propertarian argument as follows:

A RIGHT to do something is the condition of not being subject to (morally
or politically) legitimate coercion in consequence of having done it.

OWNERSHIP is simply the right to use or trade the owned entity in any way
that does not invade, or threaten to invade, the person or property of
another.  ...<comment on termination of ownership>...

FREEDOM is the right to do anything one can physically do, as long as this
does not invade, or threaten to invade, the person or property of another.
Under this definition, freedom implies the right to use or trade any thing
that was never owned by anyone else: since no one else has ever owned it,
using it cannot possibly be an invasion of another individual's person or
property in and of itself.  But having the right to use it in any way that
does not invade, or threaten to invade, the person or property of another,
means OWNING it.  Thus, the above definitions of freedom and of ownership
imply that freedom subsumes the right to establish ownership over any
previously unowned object. ...<comments on creation of wealth and value>...

To which  carnes@gargoyle.UUCP (Richard Carnes) replied as follows:

> Let me clarify what I am asking with an example.  Migrating down from
> the Bering Straits, Running Dog comes across a tract of virgin land,
> previously unused by humans.  He clears and tills 100 acres and grows
> corn.  Running Dog has read some "libertarian" writings and now, to
> the consternation of the tribal council, declares that he and he
> alone possesses the moral rights of ownership to the 100 acres; that
> is, he claims to possess the *moral* right to use, profit from, sell,
> or give away the land, and no one else has the right to do so without
> his consent.  The tribal elders don't buy it.  Who is right and why?
> If there is insufficient information to answer the question, what
> further information is required?  The case is important because all
> natural resources that people need to survive were at one time or
> still are in the same position as the 100 acres.

> I don't think Adam's article contains an answer to this question, but
> if it does I would appreciate someone stating it explicitly.

OK, I left the definition of property implicit in the last article.  So:
A person's PROPERTY is the ensemble of things over which the person
exercises ownership. Now once RD begins to use the previously unowned
land, as is his right as a free person under the above definition of
freedom, he is thereby exercising ownership over it. At this point it
becomes his property, with implications stated in the definitions of
freedom and ownership above. (For a consideration of the *moral* issues,
see the discussion of wealth and value creation in my original article.)

I still expect Carnes to disagree at the level of definitions.

					Adam Reed (npois!adam)

laura@l5.uucp (Laura Creighton) (11/24/85)

From Richard Carnes:

 Let me clarify what I am asking with an example.  Migrating down from
 the Bering Straits, Running Dog comes across a tract of virgin land,
 previously unused by humans.  He clears and tills 100 acres and grows
 corn.  Running Dog has read some "libertarian" writings and now, to
 the consternation of the tribal council, declares that he and he
 alone possesses the moral rights of ownership to the 100 acres; that
 is, he claims to possess the *moral* right to use, profit from, sell,
 or give away the land, and no one else has the right to do so without
 his consent.  The tribal elders don't buy it.  Who is right and why?
 If there is insufficient information to answer the question, what
 further information is required?  The case is important because all
 natural resources that people need to survive were at one time or
 still are in the same position as the 100 acres.

There is a problem with this example.  100 acres is an awful lot of
land.  Assuming that Running Dog ended up on the prarie (where tilling
the land is not the problem it could be) having the seed grain for 100
acres of corn is problematical.  Did he buy it?  With *whose* property?

It is also necessary to know exactly what is the claim of the tribal
elders. Nobody has owned land before, so nobody can own land now? The
reply to that is that nobody has made such wealth as corn fields before.
Nobody has used the land this way before, and made it so valuable.

We don't want to participate in the agrarian revolution, and keep our old
ways of hunting and gathering? Fine, but Running Dog, not being a slave,
should be free to persue the farming way of life.

We supported and fed you while you were doing no hunting, just planting
and keeping the animals from eating your corn.  Now you owe us a share.
(Hmm. The venture capitalists are getting uppity :-) )  If this is the
case, then I think that the elders have a claim to some of the corn. 
The question is -- whose idea was it to grow corn?  If the council
decided to and assigned this task to Running Dog then the council has
a very strong claim (but next year RD can plant his own corn field).
If Running Dog approached the elders and got approval for his plan
then the case of the elders is still strong, but since Running Dog
can claim the idea that transformed the land into corn fields, his
claim is also strong.  If Running Dog did his farming as a spare time
project then his claim is very strong and the elders is weaker -- it
was only after he became successful that the elders want a piece of the
action.

Or are the elders claiming that all members of the tribe are slaves of the
tribe as a whole and that Running Dog should be worked to the bone and
exploited for the sake of the good of the tribe?  If this is the case,
then Running Dog is probably going to lose his land -- slave holders
are not known for respecting the rights of their slaves.  When he gets
a chance, it is time to escape from the tribe first and build a farm
second.



-- 
Laura Creighton		
sun!l5!laura		(that is ell-five, not fifteen)
l5!laura@lll-crg.arpa

carnes@gargoyle.UUCP (Richard Carnes) (11/26/85)

Adam Reed writes:

>OK, I left the definition of property implicit in the last article.  So:
>A person's PROPERTY is the ensemble of things over which the person
>exercises ownership. Now once [Running Dog] 
>begins to use the previously unowned
>land, as is his right as a free person under the above definition of
>freedom, he is thereby exercising ownership over it. At this point it
>becomes his property, with implications stated in the definitions of
>freedom and ownership above. (For a consideration of the *moral* issues,
>see the discussion of wealth and value creation in my original article.)

This argument seems to beg an important question:  whether the land
in question was unowned previous to RD's cultivation of it.  My story
postulated that the land was previously *unused*, not that it was
unowned.  For clarity, I will further postulate that the land was
discovered by Running Dog -- no one had known previously of its
existence. 

>OWNERSHIP is simply the right to use or trade the owned entity in any way
>that does not invade, or threaten to invade, the person or property of
>another.  
>A person's PROPERTY is the ensemble of things over which the person
>exercises ownership.

These two definitions are mutually circular, i.e., they include each
other in their definitions, and therefore tell us nothing except the
relation between the two concepts.  If we put the two definitions
together, we have (condensed):

  OWNERSHIP is the right to use an entity in any way that does
  not invade the aggregate of things over which another person
  exercises OWNERSHIP.

This may be a true statement, but it obviously doesn't tell us what
"ownership" means, so we still don't know what the term means.

I think the terms "own" and "ownership" are the main source of the
confusion.  If so, Adam (or anyone) can clear up the confusion by
restating the argument without using the term "own" or its
derivatives, and without using terms like "property" that include an
"own-term" in their definition, and instead substituting terms that
explicate the meanings of the "own-terms."  I'm requesting this so
that we can clarify the logical structure of the argument, which I
confess I don't understand:  i.e., exactly which premises lead
through what steps of reasoning to which conclusions.  I think the
Propertarian argument will run into serious trouble if this is
attempted, but let's see.
-- 
Richard Carnes, ihnp4!gargoyle!carnes

mmt@dciem.UUCP (Martin Taylor) (11/30/85)

>From Richard Carnes:
>
> Let me clarify what I am asking with an example.  Migrating down from
> the Bering Straits, Running Dog comes across a tract of virgin land,
> previously unused by humans.  He clears and tills 100 acres and grows
> corn.  Running Dog has read some "libertarian" writings and now, to
> the consternation of the tribal council, declares that he and he
> alone possesses the moral rights of ownership to the 100 acres; that
> is, he claims to possess the *moral* right to use, profit from, sell,
> or give away the land, and no one else has the right to do so without
> his consent.  The tribal elders don't buy it.  Who is right and why?
> If there is insufficient information to answer the question, what
> further information is required?  The case is important because all
> natural resources that people need to survive were at one time or
> still are in the same position as the 100 acres.
>
>There is a problem with this example.  100 acres is an awful lot of
> .....
>
>We don't want to participate in the agrarian revolution, and keep our old
>ways of hunting and gathering? Fine, but Running Dog, not being a slave,
>should be free to persue the farming way of life.
>
>-- 
>Laura Creighton         

Surely not if his tilling of 100 acres has damaged the ecology for the
hunters and gatherers?  This is far from an academic example, because
it is precisely the conversion of land to farmland (and other "wealth-
producing") activities that is likely to destroy us all.  The original
habitats of an enormous number of species are destroyed by our
"Running Dog" behaviour.  Is Brazil entitled to allow the Amazonian
forests to be destroyed because they are in its territory?  They have
the power, because we currently have a quasi-libertarian approach to
international affairs, but I strongly deny that they have a right to
do so.

Even under the libertarian principles of allowing conversion of land
to private ownership, there is a prior condition that the land is not
being used.  Did Running Dog enquire of the bears, birds, deer, and
other people whether they might have been using the land before he
started up his plow?  If you answer that the wildlife are not people, and
therefore need not be consulted, how far are you from denying that
Amerindians are people, in order to justify Homesteading?

The Running Dog example is a fine one, that clearly illustrates the
fallacy of the propertarian approach to ownership.  Ownership is not
an all-or-none thing.  One has no right to absolute ownership of anything,
but has rights to do with one's property only those things that are not
damaging to the rest of society.  Unfortunately, it is often hard to determine
when damage is likely to occur, so the limits of these "rights" are
hard to determine in practice. But practical considerations demand
that such limits must exist.
-- 

Martin Taylor
{allegra,linus,ihnp4,floyd,ubc-vision}!utzoo!dciem!mmt
{uw-beaver,qucis,watmath}!utcsri!dciem!mmt

laura@l5.uucp (Laura Creighton) (12/02/85)

In article <1739@dciem.UUCP> mmt@dciem.UUCP (PUT YOUR NAME HERE) writes:
>
>Surely not if his tilling of 100 acres has damaged the ecology for the
>hunters and gatherers?  This is far from an academic example, because
>it is precisely the conversion of land to farmland (and other "wealth-
>producing") activities that is likely to destroy us all.  The original
>habitats of an enormous number of species are destroyed by our
>"Running Dog" behaviour.  Is Brazil entitled to allow the Amazonian
>forests to be destroyed because they are in its territory?  They have
>the power, because we currently have a quasi-libertarian approach to
>international affairs, but I strongly deny that they have a right to
>do so.

The original question propsed that the farmland that Running Dog tilled was
unused.  Are you serious in claiming that it is the conversion of land
to farmland that is likely to destroy us all?  Do you have any idea of the
life expectancy of pre-agrarian societies?  If the people in Brazil want to
knock down the Amazonian forests to improve their lives, I'm all for it.
-- 
Laura Creighton		
sun!l5!laura		(that is ell-five, not fifteen)
l5!laura@lll-crg.arpa

mwm@ucbopal.BERKELEY.EDU (Mike (I'll be mellow when I'm dead) Meyer) (12/02/85)

In article <1739@dciem.UUCP> mmt@dciem.UUCP (Martin Taylor) writes:
>Even under the libertarian principles of allowing conversion of land
>to private ownership, there is a prior condition that the land is not
>being used.  Did Running Dog enquire of the bears, birds, deer, and
>other people whether they might have been using the land before he
>started up his plow?  If you answer that the wildlife are not people, and
>therefore need not be consulted, how far are you from denying that
>Amerindians are people, in order to justify Homesteading?

Even without the propertarian principles allowing conversion of land to
private ownership, the question of asking the flora&fauna (you didn't
mention any fauna, Martin!) about re-arranging the ecology of the land is
immaterial. The reasoning behind this is that Humanity, as a race, has the
same rights to modify the ecology as any other race.

For a concrete example, if humanity decided - by democratic vote - to dam a
river to make a reservoir, we'd have as much right to make that attempt as a
collection of beavers.

Of course, if you can get the flora&fauna of a region to sign a mutual,
verifiable :-) freeze on ecology-changing, I'd probably vote for signing
it.  But under those conditions, I'd be willing to grant "person"-hood to
those flora&fauna, so they'd get as much say as any other group of
"person"'s.

	<mike

mmt@dciem.UUCP (Martin Taylor) (12/03/85)

>In article <1739@dciem.UUCP> mmt@dciem.UUCP (Martin Taylor) writes:
>>Even under the libertarian principles of allowing conversion of land
>>to private ownership, there is a prior condition that the land is not
>>being used.  Did Running Dog enquire of the bears, birds, deer, and
>>other people whether they might have been using the land before he
>>started up his plow?  If you answer that the wildlife are not people, and
>>therefore need not be consulted, how far are you from denying that
>>Amerindians are people, in order to justify Homesteading?
>
>Even without the propertarian principles allowing conversion of land to
>private ownership, the question of asking the flora&fauna (you didn't
>mention any fauna, Martin!) about re-arranging the ecology of the land is
>immaterial. The reasoning behind this is that Humanity, as a race, has the
>same rights to modify the ecology as any other race.
>
>For a concrete example, if humanity decided - by democratic vote - to dam a
>river to make a reservoir, we'd have as much right to make that attempt as a
>collection of beavers.

Oh, so you DO accept the principle that "might makes right," do you?
Ever hear of "noblesse oblige?"

Sure, we have as much right to re-arrange the ecology as does any other
species, but there has been lots of talk about conepts such as "rationality"
as opposed to force (I don't buy those arguments, but they seem to
apply in this case).  The beavers build dams in some kind of equilibrium
with the rest of the ecology: their dams are small compared to ours,
and they do it because that's what beavers do.  Perhaps we also build
dams because that's what humans do (i.e. grow numerous and destroy).
We have more control (so we think), and more power.  With power SHOULD
come responsibility to use that power fairly.  We steal the land from
the indigenous population, claiming it to be unused (you didn't answer
the question about Amerinds and Homesteading, although the rationale
is the same as in the Running Dog example -- the land was unused because
no humans were using it) and then we make it unusable for the original
population by changing its characteristics.  We also make it unusable
by fellow "humans", by claiming it as property.

By what morality does might make right?  It is antithetic to everything
I read from Liber- Propertarians, yet seems to lie at the foundation of
their philosophy.
-- 

Martin Taylor
{allegra,linus,ihnp4,floyd,ubc-vision}!utzoo!dciem!mmt
{uw-beaver,qucis,watmath}!utcsri!dciem!mmt

mmt@dciem.UUCP (Martin Taylor) (12/05/85)

>The original question propsed that the farmland that Running Dog tilled was
>unused.  Are you serious in claiming that it is the conversion of land
>to farmland that is likely to destroy us all?  Do you have any idea of the
>life expectancy of pre-agrarian societies?  If the people in Brazil want to
>knock down the Amazonian forests to improve their lives, I'm all for it.
>-- 
>Laura Creighton         

"Unused" is a relative term.  It depends on who is doing the defining.
Running Dog's land was not unused by hunters or the prey of hunters,
or by other animals.

And, yes, I am serious in suggesting "that it is the conversion of land
to farmland that is likely to destroy us all."  Let me explain.  Obviously,
farming provides the opportunity for more and better food, and allows
the community to include people whose activities are not food acquisition.
It permits all the developments of civilization, and without it, life
is indeed "nasty, brutish, and short."  So far, so good.  If that were
all there was to it, then clearly there could be no complaints.  But that
isn't all there is to it.  The increase in food supply permits an
increase in population.  The increased population demands an increase
in the farmed area, ... , until suddenly there is no more land to be
farmed.  OK, technology allows improved yields, so the population
continues to increase, but against an increasingly inelastic frontier.
Furthermore, this agricultural technology is energy-intensive, and
can be fuelled (at present) only by burning fossil fuel, which dumps
enormous quantities of CO2 into the air (if all the readily available
coal and oil is burned, as it probably will be in 2-300 years, the
CO2 in the air will be increased tenfold).

When there is a reduction in energy supplies, there is pressure on
resources, which leads to fights over the possession of those resources.
Also, agriculture will become less productive because (i) plants grown
in high CO2 tend to be more luxuriant but less nutritious than normal
plants (at CO2 levels up to twice the pre-industrial levels), and
(ii) there will be less energy to provide fertilizers and to move
the machinery, and all the other energy uses that go into modern
agriculture.

If, (what a big IF), we can substantially reduce our population without
all-out war within the lifetime of most of those now living, we may
yet survive.  But if we continue to burn fossil fuel, there will be
less land (ocean transgression) and much of that land will be less
productive, and what the productive land produces will be less valuable
as nutrition.  The pressure on land resources will mount even further,
and you know what?  They stopped making land a while back!

Now for a completely different line of argument.  Agriculture depends
on viable plants.  Most high-yield agriculture is based on cloned strains,
so that the entire crop is vulnerable to the same stresses.  Too much
destruction of the wild habitat to make farmland means the loss of
the genetic variability in the ancestral stock.  Rescue operations
that are now being done to save wild seeds cannot work in the long
term, because even in deep freeze the seeds both lose their viability
and tend to produce distorted plants if kept too long.  Similarly
with animal species.  Loss of habitat causes the extinction of huge
numbers of species.  It is estimated that the extinctions of this
century parallel in extent the great extinctions of the geological
record.  Does this not worry you?  Do Libertarian principles over-ride
these considerations?  These extinctions are almost entirely caused
by conversion of wild habitat to farmland.  And we may kill ourselves
thereby, when we lose our beautifully engineered crops to some mutated
virus and we no longer have any resistant strains to work with.

As for Brazil, destruction of the Amazonian forests is not a matter
for them alone.  Those forests make a substantial part of our oxygen,
and absorb a substantial amount of CO2.  Even without all the rest of
it, it is conceivable (but unlikely) that Brazil's policies BY THEMSELVES
could kill many of us, simply by conversion of the forest to (relatively
unproductive) farmland.

Even in Libertaria, do they have that right?  Does my neighbour have
the right to commit suicide by blowing himself up with a bomb that
destroys my house?  I can't sue him afterwards, and we won't be able
to get Brazil to restore the rain forest, either, if it does turn out
to be an ecological disaster.
-- 

Martin Taylor
{allegra,linus,ihnp4,floyd,ubc-vision}!utzoo!dciem!mmt
{uw-beaver,qucis,watmath}!utcsri!dciem!mmt

mwm@ucbopal.BERKELEY.EDU (Mike (I'll be mellow when I'm dead) Meyer) (12/07/85)

In article <1740@dciem.UUCP> mmt@dciem.UUCP (Martin Taylor) writes:
>> == mwm@ucbopal (me)
>>The reasoning behind this is that Humanity, as a race, has the
>>same rights to modify the ecology as any other race.
>
>Oh, so you DO accept the principle that "might makes right," do you?

No, I am not a statist. I DO accept the principle that "ability makes right;
until it interferes with another persons rights." That's nothing more than a
restatement of what I call use-right, a weaker version of the propertarian
use/ownership equivalence.

Now, I believe that animals are *not* persons. Therefore, there isn't any
problem with using them to make the lifes of persons more pleasant, etc.
Should the basic assumption prove to be wrong for some species (other higher
primates & cetaceans, mayhap?) I'll grant them the same rights as other
persons. I even said as much in the original article.

>Ever hear of "noblesse oblige?"
>
>Sure, we have as much right to re-arrange the ecology as does any other
>species, but there has been lots of talk about conepts such as "rationality"
>as opposed to force.

Matter of fact, I have. The ability to build large dams doesn't mean we
should. Rationality comes in deciding whether to build a dam. Only persons
have a say in that decision - after all, we don't get a say in how animals
alter the ecology, why should they get a say in how we alter it? The welfare
of animals may enter into that decision, but how much it does is up to us,
not them.

>The beavers build dams in some kind of equilibrium
>with the rest of the ecology:

And our's aren't? Our dams make larger changes in the ecology, and take a
little longer to reach a semi-stable ecology. The result is still as much an
equilibrium as the beaver dam.

>you didn't answer
>the question about Amerinds and Homesteading, although the rationale
>is the same as in the Running Dog example -- the land was unused because
>no humans were using it

I didn't answer the question because I considered the answer obvious, and
you had it right. However, since you choose to build an insulting straw man,
I'll answer it now. (This also means the quality of your posting has dropped
enormously. Why does this happen at the same time it happens to Carnes?)

If any persons - Amerinds being persons - were using the property before
running dog fenced it off, and his fencing it off interfered with that use,
their rights have been violated, and that fencing it off was wrong. Unlike
statists, I think this is true even if RD is a representative of the state,
and the state has ordered him to do it "for the common good."

>By what morality does might make right?  It is antithetic to everything
>I read from Liber- Propertarians, yet seems to lie at the foundation of
>their philosophy.

Martin, you sound like LKK. If you don't think might makes right, then how
do you defend the state using might to collect taxes from people who don't
think the amount and/or use of the collected money is right? If you don't
defend it, but think that it's wrong, welcome yourself to the ranks of the
libertarians. Or you could just remain a statist, and let "might makes
right" be not merely at the foundation of your philosophy, but the material
it is woven from.

	<mike