Tony wrote:How and why do you equate property with political rights i.e. "life and liberty"?
Life and liberty is vaccuous if you cannot translate it into reality. Property is necessary to living life. You have no liberty if you are not allowed to effect things in the real world.
Tony wrote:I begin with Proudhon's assertion that all property is theft. That Property rights are positive rights always subscribed, regulated, and protected by the state, which hitherto, has been in the service of-the wealthy.
I would say that the definition you give of "property" is too restrictive. Even for Proudhon. What you are talking about is
decreed property, the kind Proudhon talks about in "What is Property." But there is "natural" property, proceeding from objective interaction with things. Proudhon's "possession property" is of this type. And of course Proudhon had no problem with owning the results of labor. Incidentally, here are some profound Proudhon quotes about property:
"Property is Liberty" - Pierre Proudhon
"Property [is] a triumph of Liberty. For it is born of Liberty ... Property is the only power that can act as a counterweight to the State, because it shows no reverence for princes, rebels against society and is, in short, anarchist." - Pierre Proudhon
"Property is a decentralising force. Being itself an absolute, it is anti-despotic and anti-unitary. Property is the basis of any system of federation." - Pierre Proudhon
To live, man needs some form of property. Whether any particular society uses mutualism, soft propertarianism, hard propertarianism, with or without non-scarce things (IP) included, I would leave to the market and voluntary society to determine. My position is soft propertarian - I think private "sticky" property is permissable. Further, I think it is generally best. But I do not oppose geoism or mutualism in principle; there may be some things that should have restrictions on transferability, e.g. the water in aquifers and surface streams perhaps should be owned by the landowners in the watershed, i.e. "bundled" with the land. The bottom line is that property is whatever the neighbors deem to be property. In a stateless society, there would likely be many and diverse property systems coexisting.
My justification for natural rights is basically the same as Rothbard or Rand, with maybe a little Narveson thrown in. Rights are deduced from observation of man and the way he lives. They are necessary conditions for man to live his own life. They are the conditions that all men who want to live their own life and interact with other people would rationally agree to, given the universality principle. (So they don't apply for e.g. suicidal people or total hermits.)
Barbara, Jefferson probably thought that property was an obvious part of pursuit of happiness. He probably did not consider his rephrasing of Locke to be a significant change.
Jefferson wrote:"The true foundation of republican government is the equal right
of every citizen in his person and property and in their
management." --Thomas Jefferson to Samuel Kercheval, 1816.
"A right to property is founded in our natural wants, in the means
with which we are endowed to satisfy these wants, and the right to
what we acquire by those means without violating the similar
rights of other sensible beings." --Thomas Jefferson to Pierre
Samuel Dupont de Nemours, 1816.
Native Americans who grew crops had property in land. The Yuroks of California even protected the property rights of Indians from other tribes. Even those who were still hunter-gatherers had property in tools, weapons, shelter, and in short anything scarce. In hunter-gatherer societies without land scarcity, there is of course no property in land. (Though even here, there were often tribally-owned hunting grounds.) The telos of property is to solve the scarcity problem.
Darrel wrote:As history shows us it is often the Nature of Man to murder, rape, steal, exploit and enslave.
And you think these things are beneficial to the life of man? Darrel, the kind of law in the moral context is different from laws of physics. It's more like the "law of large numbers" in statistics. It can be "broken", but on the macro level or with a larger sample it holds.
Darrel wrote:It seems to me that civilization tries to inhibit these undesirable actions and allow the more life affirming natures of humankind to flourish through laws enacted by the will of the people.
I don't believe in your Rousseauian mystical "will of the people." As noted, I think we can deduce what is good for man by looking at what kind of critter he is. Barbara is a little closer; she doesn't assume a magic
will of the people, and she notes that consent is a major consideration. Her only mistake is assuming that only a monopoly ("government") can provide defense of rights. She doesn't see the possibility of pluralistic provision of such services - polycentric law or market-generated law.
Darrel wrote:The laws of the land (and any land I know of) certainly allow the right of self-defense...
Nope; it is illegal according to monopoly statist law for me to defend myself against drug nazis, tax-collectors, etc.
Darrel wrote:Where does Hogeye draw the line on this right of self-defense?
The NAP, of course. Any and all self-defense is permissible so long as it doesn't initiate force.* E.g. killing innocent third parties is not permissible. Of course, one may contractually give up some of your prerogative; some PDAs may require jury duty or testifying (subpoena) as a condition of membership. (*Somewhat overstated - proportionality comes into play when using retaliatory force.)