Joe Liberty wrote:One: I own property, and I'm certainly not among "the powerful". Even the "poor" own property. The law, if it is to mean anything at all, applies to all individuals equally.
"Every person named Joe has to pay a 30% special income tax." If this were applied to all individuals equally, people named Joe would still get screwed. There
is such a thing as inherently unjust laws; a law that benefits one person more than it does another, even when they are applied equally to everyone. Property protection laws are in this category, because they provide a disproportionate benefit for the people with the very most and almost no protection for people with the very least.
Let's go to the obvious example of the property owner who doesn't want to sell his house to someone wanting to build a road. Well, that road builder under a strict property regime would have no choice but to build his road around the property in question. And that road builder would be well within his right to
completely encompass the property owner's property with his road, and further to deny the property owner the right of crossing that road. And there is nothing that the property owner could do about it under a strict property regime, except to die stuck on his little plot of land, unable to cross that private road.
You may think this a contrived example--and it is, to demonstrate a point--but it applies more broadly to a society with strong property laws but no individual protection laws. The people who own, you know, 60% of the property can pretty effectively fuck over the people owning 40% of the property if they have half a mind to do it. That's coercive force they can apply to others to compel them to act in accordance with the will of the property-majority. And that's compulsion being established by the government equally enforcing property laws without anything to counterbalance it.
So you might say that you could pass a set of "owner rights" or something along those lines to protect against the most egregious exploitation of property... but do you really believe that a codified set of laws can account for the sum total of human ingenuity? Because if you do I have to ask what you're doing arguing for libertarianism in the first place. If you establish a system that encourages people to exploit others--as capitalism does, by way of the profit motive--people will simply find innovative new ways of doing it.
Two: a libertarian/minarchist government doesn't "do nothing" for the poor, it does the same for them it does for the rich: protects their property rights. The assumption that the poor have no interest in property rights strikes me as rather bigoted. It also seems to assume that a poor person will always, inevitably remain poor, while a rich person will always, inevitably remain rich; such is not the case.
Sure the poor have an interest in property rights, they simply lack the means to make very good use of those protections; they will still be prey to the powerful.
Three: property rights and human rights are indivisible (Here is a link to an essay by Murray Rothbard that makes the case better than I can.) It can be shown that the countries with the greatest respect for property rights have higher standards of living for all citizens, not just the rich.
Because he is engaged in a rather woolly ex-post-facto rationalization of motives that weren't actually in play. To use his fire example, Holmes wasn't even contemplating property rights when he was establishing that principle. Rothbard is only able to make these claims because he has expanded property rights to a meaningless term meaning "good". "You are protecting property rights if you protect a person's life," etc. Thereby he can try to claim that anyone doing things for traditional public safety motives are actually doing it to protect property rights, even if property rights didn't enter the picture when the person was protecting the public.
At best the property protection was
incidental. Back here in reality the states that protect property rights oppress everyone underneath them. For example, a dictator who claims everything in the state as his property, then "protects" property generally against seizure, is in fact protecting property rights
and oppressing his people at the same time. You can use property rights to "protect" just about any sort of action you want. You can use property rights to protect life, you can use property rights to enshrine death. Which do you suppose would be the more common use of them?
If you believe that preserving property rights is "protection of the powerful from the weak" then you and I aren't talking about the same thing.
You're talking about a fantasy world where property rights are only used for good things, and I'm talking about how property rights actually get used.
In fact it sounds like you're trying to rationalize stealing, for there's no other reason to think that property rights work against "the weak" unless you think they should try to take property from others.
There's no theft if there's no property. Saying I'm trying to rationalize stealing is rather silly. I am not trying to rationalize stealing; I am making a moral argument that theft should be eliminated.
In short, libertarians do not desire anything close to what you're portraying.
Maybe you're right. Maybe you don't actually
want a world like that, but it's the sort of world you all continually advocate. Maybe you don't
desire it, but it is the predictable consequence of the policies you favor. You believe people like Rothbard who think that only good things can follow from property rights, when in fact they can be a tool of incomparable tyranny just as easily.