[net.politics.theory] The origin of ownership--THE libertarian stand

esk@wucs.UUCP (Walter Wego) (04/11/85)

[Despite appearances, this is an essay in logic, not ethics]

I promised a while back to write another piece on property rights from
a libertarian perspective.  This is it.  I aim to prove my statements
in the earlier piece about how property rights can arise.  I start from
a controversial premise, which I make no attempt to justify, but which,
I contend, anyone who calls himself a libertarian must accept.

Nobody may aggress another person, unless that person is a threat to
someone.  Moreover, nobody may use threat or fraud in order to induce
one to perform a certain action (again, retaliation is an exception).  
First use of aggression, threat, and fraud are out.  This is my
premise; anyone who disagrees can quit reading at this point (unless
he is interested in seeing what follows from this premise).

Now, for those remaining, a few facts.  FACT: there was a time when there
were no persons.  (Corrollary: there was nobody around to own anything.
Corrollary: Nothing was owned.  Corrollary: anything which is now owned,
had a first owner (or owning group).)  FACT: many, if not most, 
resources are scarce; i.e. not everybody can have as much as he might
like.  E.g., there is only so much oil on the earth (or for that matter,
in the universe).

Now a definition of property rights.  Person A has a property right 
against person(s) B to the use of object X iff B has an obligation to
avoid interference with A's use of X.  The person might have property
rights only to some of the ordinary uses of an object; A might have
obtained the object with a contract that allows only certain uses by A.
The person might have a property right only against some small set of
persons, or against everyone.  I will use the term "full-blooded property
right" to refer to a right that holds against everyone, and entitles
the holder to use the object in any way (short of initiating force).

Now my conclusions.  These are the only ways in which an object can
first come to be owned.  First, a person could get others to agree to
let him use the object (perhaps in exchange for letting them use other
objects).  Such a property right holds only against those who are party
to the agreement.  Second, a person could compensate others for depriving
them of the use of the object.  Such compensation must be adequate in the
compensee's eyes; he must feel that he is better off for it.  If so, he
should refrain from interfering with the compensator's use, since interfer-
ence would harm the compensator, whereas the compensee loses nothing (given
the compensation) by being excluded from the object.  Such a property
right holds only against each person compensated.  Third, one acquires
a property right in an object if one performs useful labor on an object
which was derived from a non-scarce raw material.  This non-scarcity must
be as viewed by other potential users of the raw material:  if any of them
find that there is not enough, or not the right type, left over, they are
at liberty to use the object themselves (though they may have to pay some
compensation).

Some examples to illustrate.  The first case is obvious enough.  The 
people of an island get together and agree on a mutually acceptable
division of the land for farming.  The resultant property rights do not
necessarily hold against a Robinson Crusoe washed up on the island the
next day.  The second case may seem redundant; if others are made better
off by the compensation, why wouldn't they just agree to let one use it
in exchange for the same sum?  Because they might be trying to capture
some of the "consumer surplus" that one gets from the object; or they
just might not have time to talk contracts.  Suppose I want to farm
region X and a small region Y, which borders region Z farmed by Brown.
Unfortunately Brown also seems to want to farm region Y; I see he's
planted something there.  I tell Brown that I'm paying him what he 
could have grown there; I give him an appropriate amount of food (or
whatever), and proceed to farm region Y knowing I can grow more than
Brown could have.

The third case is a special case of the second; since the raw material
is non-scarce there is nobody to compensate, as there is nobody who
would lose anything by my exclusive use of the part I take.  If the 
particular bit of the raw material I take is important to somebody, 
the story changes.  If I decide to farm on somebody's father's burial
ground, and he feels that a particular type of vegetation is appropriate,
he may have cause to interfere with my use even though there is plenty
of other land for him to farm.  He has no obligation not to burn my crops
and re-plant the vegetation he wants, provided he does not burn me in
the process.  I could then (if I felt that the land was more valuable
than other lands I might use) burn his stuff, and so on.  Although such
a scenario would show us to be stupid, there is no *moral* reason we should
not do this.

Now, the (remaining) argument.  Each object (or the stuff of which it is
made) must have a first owner (or owning group) if it is to have any.  
Therefore, it cannot be objected to the above discussion that either
the farmer or the dead man's son or *someone*  *must* own the land in 
question.  The farmer and the son each regard the land as special; thus 
it is a scarce resource.  Neither one has compensated or contracted with 
others for the land.  And nobody else has either.

There are now two things I need to prove:  that cases 1,2,&3 confer
original ownership, and that nothing else does.  First the hard part: 
that nothing else does.

Each object that one wants to acquire a property right in, is either 
valuable to some other person(s) or not.  If not, it falls under case 3; 
if so, one will make others worse off by exclusive use of it unless one 
does something for them in return (cases 1 and 2).  One might try to
avoid this by non-exclusive use:  one allows the others to use it at the
same time.  If this can be done, it shows that the object was not scarce
(there is enough for everyone to use) and falls under case 3.  So, any
use that does not fall under cases 1,2,3 makes some others worse off 
than they would be if one were to forgo it.

Does this mean that one may not use the object?  No, because the
situation is symmetrical:  if the others used the object, they would
be making one worse off than if they refrained.  One has no obligation
to refrain from using the object, since doing so does not violate the
rights of others (they can't have a property right to the object, since
by symmetry oneself would have such a right, which is a contradiction).
Everyone who is interested in using the object is thus at liberty to
compete for control over the object:  he can take it and run, or 
disguise it, or build a fence around it... but he cannot punch the 
others in the face and take it; that would be aggression.  Of course,
it might be foolhardy to engage in this competition; it might be in
everyone's interest to negotiate.  But again, there is no *moral
obligation* to be so cooperative.

Now the easy part: showing that cases 1,2,3 confer property rights.
My argument for case 2 was mostly given above; I said that the
giver of compensation would be harmed if the receiver interfered,
whereas the receiver is no worse off for not interfering.  To see
why this means that the compensated person should not interfere,
consider that one should not harm others if one can avoid it without
being harmed by them.  Case 3 is a special case of 2.  Finally, case
1 is simple: if parties to the agreement go back on their word, they
commit fraud.

This ends the main argument.  Contrary to (e.g.) Torek, libertarian
principles give determinate answers to these questions; the law of
excluded middle does apply.  Contrary to many libertarians, the 
principles don't give many full-blooded property rights.  Contracts
(case 1) are not likely to be agreed to by the whole world, or even
a large segment of it; and outsiders are not bound to respect the
rights defined therein.  Compensation (case 2) might not be worth
it, since one has to compensate *each and every* other person for
the loss of the object's use, and the total of the values to them
could easily exceed the value to oneself.  Fortunately, those 
others might realize that they probably couldn't win a competition
over the object, and demand only a fraction of its value to them.
Unfortunately, they could easily lie about its value to them.
Finally, abundance (case 3) applies (arguably) only to a few 
resource materials.

But contrary to many anti-libertarians, property rights can be
legitimate -- at least, if the premise I started with is correct.

Before I sign off, I want to admit that this treatment is brutally
brief.  There are a lot of side issues I've skipped.  They will
have to wait.  These central points needed addressing first.

--apparently a dying breed, the TRUE libertarian, Walter Wego
c/o esk@wucs

laura@utzoo.UUCP (Laura Creighton) (04/11/85)

Ah, Walter, you have presented the Nozick stand. I wouldn't go so far
as to say that it is *THE* libertarian stand. Most libertarian philosophers
I know do not like Nozick's principle of recompensation at all. They like
absolute property rights betteer.

The most practical reason to distrust compensation schemes is that people
do not universally agree what things are worth. If I take your wallet
so I don't have to work for a living and can devote myself to praying to
the volcano God to spare your life when Mt. St. Helens next blows, then I
may think that you have a wonderful deal. You might disagree. Impasse.

What is worse is your notion of what happens when Robinson Crusoe sets
ashore on Toronto Island. Toronto Island is already divided up. Should
the inhabitants of Toronto Island have to give 1/population+1 th of
their property to Crusoe? If this is the case then it seems that the
stored goods I have earned in order to make my life better are all at
the mercy of my neighbours who might decide to move to my island. I
suspect that we are about to rediscover ``war'' on the grounds that
simply moving to the island is an act of agression -- after all if
enough people move the existing inhabitants will all starve...

Libertarian ethicists will also not agree that your principle of
non-coersion is an absolute. Eric Mack, for instance, argues that it
is a detonic corallary of ethical egoism, which he calls ``eudamonic
egoism''. And then there are libertarians who argue that property is
a nuisance and that property rights are only very megre additions to
more fundamental human rights. A fair bit of libertarian thought is
directed at convincing these well meaning souls that without property
rights there can be no human rights.

For this reason, some libertarians take property rights as given. 

There is much to argue about.

Laura Creighton
utzoo!laura

josh@topaz.ARPA (J Storrs Hall) (04/16/85)

A very interesting discussion of property rights by Mr. Wego.  
However, the concept of "property" elucidated within differs
from that which is commonly associated with the term, in at
least one important respect.  Wego defines a property right
in terms of the obligations of other persons not to interfere
with the owner's use thereof, and shows that such property
rights can arise out of basic libertarian non-agression
principles.  However, as Mr. Wego notes, such property rights
suffer from dilution from the claims of "new" persons not
party to the original compacts or compensations.

Suppose someone appropriated your body while you were sleeping
(and thus not making use of it).  He attaches it to some machine
which makes profitable use of the autonomic reflexes or body
chemistry.  If you attempt to regain use of "your" body (in such
a way as to leave the machine) you are interfering with his use
of it and thus "agressing" him.

I disagree with the derivation of property rights from non-agression
principles (even though it is quite logically consistent);  the
example above may help to show why.  I assume a (more thoroughgoing)
definition of property as an axiom--the non-agression principle
can be derived from it in its turn.  (See early writings of Rothbard.)
This is the point over which I've occasionally labelled myself
"propertarian" rather than "libertarian".

--JoSH

js2j@mhuxt.UUCP (sonntag) (04/17/85)

> Suppose someone appropriated your body while you were sleeping
> (and thus not making use of it).

    I don't know about *you*, but even when I'm sleeping, I use my
body to breath, etc.  In fact, since the word 'body' includes my
brain, my body *is* me.  
    I wish I had a copy of the origional article here, but I think
the theory being discussed allowed the 'appropriation' only of unused
*and* unowned property.  If I own a piece of property by virtue of using
it, my claim lapses when I cease using it. If on the other hand, I own
it because I paid everyone else in society not to use that property, my
claim to that property continues whether I use it or not.  I can also
own something because I manufactured it out of abundant materials; in
this case too, my ownership does not cease when I cease to use it.  In the case
of my body, it was origionally manufactured out of things my parents
purchased; it was given to me by my parents, and I have used only things
which I have purchased (food) and abundant things (air, water) to
improve it since then.  It is *not* unowned property, and my ownership
of it is unaffected by whether I use it or not.
> 
> I disagree with the derivation of property rights from non-agression
> principles (even though it is quite logically consistent);  the
> example above may help to show why.  

   It doesn't.  In fact, the example above is completely at odds with the
theory of property rights which has been presented.
> 
> --JoSH
-- 
Jeff Sonntag
ihnp4!mhuxt!js2j
    "I never met a man I didn't like."- M. Trudeau