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Property

March 1, 2017 2 comments

This post is part 4 of my series on why I am no longer an anarcho-capitalist (ancap).

Property is a more complicated issue than most ancaps give it credit. This post only outlines my rather simple views on the matter and why they differ from what I used to believe as an ancap.

First, we should probably distinguish between property and possessions. There is more than one definition for these words, but for our purposes we might call property the exclusive ownership of the means of production, including land, factories and machines. Exclusivity is the key factor. Ancaps often want to know if their hammers, laptops and 3-D printers are included in this definition, and I would say no: they are possessions, intended only for personal use. If people were monopolizing the hammers and laptops and 3-D printers, that might be a different story. However, these things are widely available.

Infoshop’s FAQ summarizes the anarchist argument against property thus:

The statement “property is theft” is one of anarchism’s most famous sayings. Indeed, it is no exaggeration to say that anyone who rejects this statement is not an anarchist. This maxim works in two related ways. Firstly, it recognises the fact that the earth and its resources, the common inheritance of all, have been monopolised by a few. Secondly, it argues that, as a consequence of this, those who own property exploit those who do not. This is because those who do not own have to pay or sell their labour to those who do own in order to get access to the resources they need to live and work (such as workplaces, machinery, land, credit, housing, products under patents, and such like).

Many ancaps ridicule the idea of positive rights (such as the right to food and shelter, as distinct from the right to be left alone), and yet assume we have a fundamental right to property, as if property were an unalienable extension of one’s right to the ownership of one’s body. Hey, I like privacy too, but surely my preference alone is not enough to justify forcing someone off land I live on. What if there are refugees, or people evicted from their homes by thoughtless landlords, and I have land and room where they can stay? A communist would surely open his or her home at some point to these people, but even if you fall short of communism, what is the justification for saying they are not allowed to, say, put up a tent on your lawn or shelter in your garage? Ancaps are supposed to be opposed to all initiation of force but disregard the force involved in kicking someone off one’s property. I myself took several discussions to realize this form of force was part of the problem.

Hans Hermann Hoppe tried to put it this way.

Is it not simply absurd to claim that a person should not be the proper owner of his body and the places and goods that he originally, i.e., prior to anyone else, appropriates, uses and/or produces by means of his body? For who else, if not he, should be their owner? And is it not also obvious that the overwhelming majority of people—including children and primitives—in fact act according to these rules, and do so as a matter of course?

Moral intuition, as important as it is, is not proof. However, there also exists proof of the veracity of our moral intuition.

The proof is two-fold. On the one hand, the consequences that follow if one were to deny the validity of the institution of original appropriation and private property are spelled out: If person A were not the owner of his own body and the places and goods originally appropriated and/or produced with this body as well as of the goods voluntarily (contractually) acquired from another previous owner, then only two alternatives would exist. Either another person, B, must be recognized as the owner of A’s body as well as the places and goods appropriated, produced or acquired by A, or both persons, A and B, must be considered equal co-owners of all bodies, places and goods.

Unfortunately, Hoppe’s argument begs the question. He assumes things must be owned. Yet, exclusive ownership of property is a very new institution, invented in most places by the same people who came up with and benefited from the state. Who says this stance is “moral intuition”? Who says “natural rights” are so natural and right? Why does ownership of one’s body necessitate ownership of the product of one’s labor? Why is it so hard for Hoppe to understand we could share things? “Primitives” certainly do NOT make these same assumptions, as any anthropologist can tell you. They do not own things. They do not even understand the concept. They share. If one hunter kills an animal and the other does not, everyone eats. In fact, in some cultures, the successful hunter downplays his or her role in the killing out of a sense of solidarity. If said hunter bragged, even though he or she was the one who brought home the food, the rest of the group would shame him or her. So perhaps Hoppe should learn a bit more about humanity before claiming to speak for all of it.

Murray Rothbard, on the other hand, in Confiscation and the Homesteading Principle, takes an almost syndicalist view of ownership. He looks at Yugoslavia and how state-owned factories became co-ops owned by the people who worked there. He looks at the USSR, where all means of production were in the hands of the state, and says the workers have already homesteaded them and therefore should own them. (It would certainly have been better than the disastrous way things ended up transitioning to capitalism.) “The principle in the Communist countries should be: land to the peasants and the factories to the workers”. He makes no distinction for “stolen property”, by which he means property owned by the state or slaveowners–those who have worked in these corporations or the slaves who worked the land have already homesteaded it. He even made the case for reparations, as slave-plantation-owners’ descendants were still alive, and thus reparations can be quite specific.

His article also says the following.

Alan Milchman, in the days when he was a brilliant young libertarian activist, first pointed out that libertarians had misled themselves by making their main dichotomy “government” vs. “private” with the former bad and the latter good. Government, he pointed out, is after all not a mystical entity but a group of individuals, “private” individuals if you will, acting in the manner of an organized criminal gang. But this means that there may also be “private” criminals as well as people directly affiliated with the government. What we libertarians object to, then, is not government per se but crime, what we object to is unjust or criminal property titles; what we are for is not “private” property per se but just, innocent, non-criminal private property.

Does it not follow if business owners have acquired their wealth through some kind of violence, even if the violence occurred generations ago, that wealth is a reasonable target for confiscation?

A house is a possession. If you are living in your house, it is not sitting idle, and if you do not want to let others in, I do not think it would be right to force you. However, if you have a house sitting unused, can you not see why an anarchist would say you should open it up to others to stay there?

But perhaps you do not have a large income and need to rent out your house to live. A bigger fish to fry is corporate ownership of property. Look how many houses banks in the US own. Preventing people from squatting there is the same kind of violence as protecting a nation state’s borders.

Some ancaps envision gated communities and yet assume the borders of the nation state are illegitimate. What is an independent, gated community but a small nation with closed borders? What if all the decent land and water in the area are claimed already? Where do “immigrants” go? Who asked you to build your house there and put a fence around it? Why does nature belong to you?

The ideal is not to wall off what is mine and yours in the name of scarcity but to share in the name of ending suffering. Sharing does not require permission from everyone else in the world before planting a tree, as Hoppe states later in the same essay. It merely means if a man comes along who is hungry, “it’s my tree because I planted and tended it” is not a moral basis to deny him food from it. If you are afraid of free riders, join with people in your community to shame able-bodied scroungers into contributing something. But please do not wrap your fear of scarcity up in a moral basis for private property.

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