- 15 Jul 2013 09:54
#14271601
Saying "much like government today" is also dead wrong since it's "government today" that not only countermands a husband's right to rape, but prohibits his destituting her if she refuses - a right Libertarians would legitimise.
SueDeNîmes wrote:Then it's hardly homesteading, is it? Homesteading, OTOH, is an historical and biological anomaly - a preDarwinian guess at a state of nature - and by now all but impossible for most people unless they want to subsist in isolation. Legitimacy and property are matters of social convention, not Libertarian assertion.
Eran wrote:Not quite. First, homesteading happens all the time, though not necessary homesteading of the surface of the Earth. For example, early in the 20th century, companies started homesteading radio frequencies (until the FCC confiscated all property rights in radio frequencies).That hardly contradicts what I said, does it?
Mineral exploration and oceanic exploitation are other forms of homesteading still going on.They are not. Companies seeking to exploit mineral and oceanic resources must apply for exploration, drilling etc licenses, the terms of which typically involve royalties and tax payable to the local sovereign people - ie the resource's rightful owners - and meeting their environmental, safety etc standards. North Sea operators, for example, have different obligations in the British and Norwegian sectors, and the division of the British sector in the event of Scottish devolution is under ongoing negotiation. IIRC, the US is unique in that an individual's surface estate confers mineral rights, but that still precludes homesteading.
As for property rights today, we should distinguish between land and portable objects. Land gets all the attention because it is tangible, and because historically it was the most economically-significant resource. That is no longer the case!I'd dispute that the Libertarian approach to land ownership is "simplicity itself" if it were relevant. Just ownership does not derive from homesteading in anything but Libertarian say-so. A sovereign peoples' right to enforce rules is no more initiation of aggression than a private property owner's, so long as people are free to leave.
Measured by value, land is a small (and diminishing) fraction of the total wealth of society. Thus even if land ownership is somehow uncertain, the overall pattern of ownership is progressively clearer.
As for land, the libertarian approach is simplicity itself - the land should go to the person showing the best title to it. Normally, that would be the person currently owning the land, but that is only a presumption. If you can show a better claim, the land can be yours.
Some examples include:
1. The land was confiscated from you by government eminent domain action, and transferred to its current owner
2. You are a Palestinian refugee whose return to his land was prohibited by the Israeli government which later transferred ownership to another person
3. You are a tenant farmer whose family worked the land for generations, even though the formal title belongs to an aristocratic family
Even if I accept your point about ownership being a matter of social convention, the current convention is far from clear. In most ways, people who own a home and the community around them accept their claim for title.
People would stop paying taxes if it wasn't for the threat of being arrested by gun-wielding police agents.They wouldn't and don't since they could vote them away. A party proposing any such thing wouldn't even retain its deposit outside the US and struggles to get 1% of the popular vote there. I could dodge tax by restricting myself to cash transactions, otherwise tax plus fines will eventually be garnished from wages or bank accounts and I'll never even glimpse "gun-wielding police agents." But like most folks, I pay them anyway because I value universal healthcare, education etc, and am only one accident or illness away from need of the safety net.
Rape isn't considered legitimate, even by the rapist, in today's western society. But in many societies, a husband was considered legitimised in forcing his wife to have sex. In those societies, husbands who used force to have sex with their wives didn't consider themselves initiating force. Much like government today, they considered it within their rights to do so. Does that make their action any less aggressive, any less of a rape?No but since it's the same question-beg (it assumes its unfounded conclusion taxation -> rape), so what?
Saying "much like government today" is also dead wrong since it's "government today" that not only countermands a husband's right to rape, but prohibits his destituting her if she refuses - a right Libertarians would legitimise.
To the substance, is it your claim that taxing (or prohibiting the consumption of Marijuana, or any other instance of government regulation) doesn't constitute an initiation of force?No, I'm saying a sovereign peoples' right to enforce rules is no more initiation of force than an employer's, a landlord's or a golf club's, so long as people are free to leave. Saying "any other instance of government regulation" - like saying "any other instance of employment terms" - could mean anything.
To make things simpler, consider a scenario in which a mining company finds valuable resources under an uninhabited land in the Australian Outback. The Australian government demands they pay taxes. The company refuses, and Australian agents come and arrest the people.Oh it's initiation of force alright. It's theft by the mining company upon the resource's rightful owners, who are as entitled to charge for its use as landlords are for land use.
In what possible sense is that not an initiation of force?