I’ve not been pulling my weight in posts for a while and ideas have been running around in my head. So, instead of writing 3 separate posts, I will combine stuff into 1. So here goes…
1) Nozick’s/Locke’s argument for private property is bad.
The reason that it initially seems plausible is because it involves seemingly innocuous steps. Initial acquisition by mixing one’s labour with that which was previously un-owned seems so reasonable. What’s wrong with taking it? It wasn’t anyone’s before, and if it is here at all, it is due to my efforts! Same with the principle of transfer: If something is mine, what’s wrong with giving it to others if I wanted to? Unfortunately, the Lockean argument doesn’t really have anything going for it other than an appeal to intuitions like these. Moreover, once we train our scepticism* onto the argument, it falls apart.
Lockean initial acquisition rests on the claim that once something that is-a-part-of-me/I-own is mixed inextricably with stuff that is not owned by anybody, the previously un-owned stuff becomes mine as well. If this latter claim were not true, the Lockean argument would not get off the ground. All this of course assumes that I own myself in the requisite way etc etc.
However, this latter principle is implausible. Not only does there seem to be any particular reason it could be true when we try to look sceptically at it, there are many cases where it seems downright absurd. We don’t think urinating or defecating on the ground is an appropriate way for humans to mark their territory. Nor do we think that doing so actually creates any kind of legitimate claim on the land thus marked. (Although if I were hiking on un-owned land and my buddy marked his territory like that, I wouldn’t touch it with a 10ft stick.)
Similarly, the transfer rule seems reasonable when considered on its own, except when we try to think of nearby alternatives (x% of money spent will be transferred to the state, if such an entity existed and where x follows some reasonable scheme…) Of course my alternative principle of transfer straightforwardly provides for taxation if such were necessary. However, there doesn’t really seem to be any particular reason why we should pick Locke’s principle over mine, especially not if we are searching for good reasons to believe things.
Of course, all this doesn’t mean that private property is not justified. I think David Schmidtz’s defence of property*** is pretty much on the mark. Private property according to Schmidtz is justified because private property regimes do a good job utilising resources in a productive, efficient and fair way. The beauty of such a defence is that since fairness can be cashed out in terms of justice (and vice versa) all we need to say is that private property is just and that insofar as we care about justice, we should have private property.
http://www.scribd.com/doc/4100977/schmidtz-The-Institution-of-Property
2) Violent reprisals against rebels are often justified (because rebellions rarely are) and it is profoundly stupid and wrong to raise rebellion for the sake of democracy.
One thing I want to ask you guys is this: When is armed rebellion justified if ever? And please don’t give me the claptrap from the declaration of independence. If you guys genuinely thought that the offences so listed were worth violently overthrowing a government over, then you guys wouldn’t be sitting here blogging. Instead you would have joined a radical militia by now. Let me take a stab at answering my own question.
What are plausible candidates? Well, the obvious one is when the justification for having any form of government at all falls apart. In short, governments are justified because by maintaining an effective monopoly on the legitimate use of force, they put an end to the war of all against all. Presumably the cessation of said war is justified because it is to the benefit to everyone, especially the worst off. Therefore, whenever a civil war would benefit the worst off, only then would it be justified.
What this means is that if a government is to properly view its own existence (even if not all of its activities) as justified it cannot allow the start of civil wars except under very stringent circumstances. In all other circumstances, civil wars would be to the detriment of the worst off. Evaluating this can be difficult due to timescale issues. A revolution will often cause lots of damage in the short term. In some but not necessarily all or even most cases, it may replace the existing regime with something better and more just. It is not clear that the losses and gains can be properly aggregated that way over time.
So, what is the appropriate response to unjustified violent revolution? The appropriate response is discernable from the very definition of the state (i.e. an entity which is able to maintain an effective monopoly on the legitimate use of force over a particular geographic area). The chief and most basic role of the state is to maintain this monopoly. Where this monopoly is unreasonably threatened, it is appropriate to respond to said threat. What does this mean? This means that states cannot cave in to rebels because if states made a policy of doing such, they would cease to be any sort of monopoly on the use of force. In fact, the appropriate response is to respond decisively to restore the monopoly on the use of force by nipping the problem in the bud before the rebellion spreads. Moreover, as a fundamentally coercive entity, it is entirely appropriate that people be in awe and fear of the state! At the same time, the state should be careful to use only the amount of force that is required to quickly resolve the issue in its favour. If using too much force riles people up and causes them to join the rebellion, then clearly force is counterproductive. If using too little emboldens the rebels, this is also bad. i.e. a certain amount of violence against armed civilians involved in rebellion (and those who give the aid and comfort) is justified.
But that still leaves us with the question of when to raise rebellion. As mentioned earlier, it is when doing so will result in an improvement of the lives of the worst off. To be more specific, it involves said improvement in terms of physical security, the personal, procedural and economic liberties, wealth, opportunities and the rule of law. These are basically the primary goods. Moreover, political liberties like the right to vote are only good to the extent that they deliver the proper distribution of the primary goods. And whether democracy indeed delivers can vary from situation to situation and from culture to culture. i.e. it is a contingent and delicate matter whether the institution of democracy, especially in a culture which is not used to functioning under democratic institutions, will be best. (Note that this is a massive concession on my part from my usual position on the justice of democracy) Now, as we have mentioned, the extent that the government fails to provide for or even endangers physical security, personal, procedural, civil and economic liberties, wealth, opportunities and the rule of law relative to a state of civil war justifies rebellion. i.e. these are fisrt order kinds of considerations that justify governments and certain types of governments over others. However, when it is so uncertain that democracies in that region will in fact work better, it is impossible that raising rebellion for the sake of democracy (as happened in Egypt and Libya and as is happening is Syria** currently) could ever be justified. In order to even justify raising rebellion for the sake of instituting democracy, not only would the situation have to be extremely dire, it would also have to be fairly certain that democracy would be an improvement.
3) What Liberalism is all about
When I talk about liberalism, I’m not just talking about whatever people who vote D believe. Rather, I am talking about all the intellectual descendants of classical liberalism. This includes High (welfare) liberalism, neo-liberalism, neo-classical liberalism, liberaltarianism and libertarianism. Granted that there is a fair bit of overlap between these various ideologies, I’m going to presume that there are distinctions to be made. Nevertheless, I’m trying to think about what unites all these belief systems.
As a first pass, I will say that the thing that unites all of these and differentiates liberalism from various forms of conservatism and socialism is that socialism and conservatism are communitarian whereas liberalism is individualist. Individualist theories posit no good that concerns the state apart from the good of individuals. Communitarians suppose that there are some goods that concern the state that are not reducible to various individuals’ individual good. For example various forms of conservatism hold that the culture or certain ways of life are worth preserving apart from how well people are served by these ways of life. i.e. it is certainly a conservative impulse that sees it as good that people sacrifice a bit to preserve a way of life.
One kind of communitarian which lies on the left of centre is one that sees solidarity/fraternity of fundamental importance. i.e. it is more important that people share in each-other’s fate than pareto improvements be made to their wellbeing.
Of course, certain kinds of conservatism and socialism have an individualist basis. A Burkean conservatism is based not on any special concern for particular ways of life, but on a more pragmatic worry about the effect of radical change on the wellbeing of individuals. Similarly, certain types of socialism may hang on a misunderstanding of the effects of state control of the economy. We might even reasonably call such ideologies liberal conservatism and liberal socialism. That is because the socialism and conservatism are not terminal ideologies so to speak, but in this case strategic stances aimed at furthering liberal ends.
The principle can break down even further. Some forms of theocracy are individualist. After all in particular kinds of theocracy, the concern is for the fate of particular individuals’ souls. It is difficult to explain how this could be considered liberal without absurdly stretching the meaning of the term. Liberalism as individualism thus seemingly fails to get rid of at least certain glaring false positives. If, however, individualism is sufficient to narrow the range of ideologies down to at least some form of liberalism, that would be great.
It is certainly the case that the principle of separation of morality and the state deals with the theocracy issue and separates out the various liberal philosophies from non-liberal ones. We have to be careful, however, to make sure that no liberal philosophies are excluded. The importance of the separation centres on the critique that theocracy involves imposing religious morality on everyone. A conservative reply would be a tu-qoque that in liberalism people are imposing liberal values like autonomy and tolerance on the religious. Properly dealing with the question requires us to formulate a liberalism that is able to prove what it needs to without imposing any substantive theory of the good. This is a tall order, however, but I have hope that it will be successful.
*You might want to ask why we should be so sceptical. It’s not clear if I can give a proper answer, but if you don’t want to be sceptical, then I have a bridge that I want to sell you… More seriously, isn’t one being drastically inconsistent/illogical/irrational if one trains one’s scepticism on one’s opponent’s arguments but not on one’s own?
**I’m not saying that the protesters in Syria were necessarily at fault. The Libyan rebels, however, got violent first. (Tell me how you can stage a coup against a military dictator without threatening force)
P.S. Otherwise, consider this an open thread
Some brief replies on Lockean/Nozickian lines. Bite on what you like.
–If you don’t own yourself, who owns you? If no one owns you, may I? If not, why not?
–The comments about urinating/defecating are silly. We own property in land because without that institution, there would be no reason or incentive for anyone to participate in agriculture or any other form of land improvement.
It is our long-range planning faculty, and not or excretory faculty, that makes property worth having. We alone among animals can conceive and execute original, complex, long-range plans. In fact, that’s nearly the only thing we’re good at, compared to other animals (I might give you language, I suppose). We have property so that even when we are living in close quarters with other people, we all have some reasonable chance of forming plans and seeing our plans to fruition. When we execute our planning faculty, we really have attached a meaningful part of ourselves to these inanimate objects — our minds.
Recognizing this is a big part both of economic welfare and of individual human dignity. Provided that our plans are carried out in ways that do not harm others, we by definition increase the total stock of economic good available to mankind. (We can set distribution aside for the moment.) Forming a plan and acting on it is one aspect of living the life that is proper to man.
–The principle of transfer doesn’t disappear just because you can imagine some alternatives. If you’re going to argue against it, then you must give reasons why a particular alternative is better.
You can’t just wave away the transferring parties’ intentions with a bare, unsupported intention of your own. If you could, then I could do likewise, and I’d reinstate the transfer. And by what right would you contradict me? (Might, I would remind you, does not make right.)
That’s why the burden of proof is not with the people conducting the transfer — they’re already content to go forward — but with the outsider who says it should not.Report
We own property in land because without that institution, there would be no reason or incentive for anyone to participate in agriculture or any other form of land improvement.
I actually agree with this kind of justification (see my link to Schmidtz’s justification) I just dont think it particularly fits well with the Nozickean/Lockean framework very well Nozick tries to sneak something very similar in relation to the proviso, but such an argument could do its own work without the other Lockean blather. Besides even if my memory fails me and Locke actualy made the “incentives” argument, it is a separate one from the stuff about self ownership and what not.
If you don’t own yourself, who owns you? If no one owns you, may I? If not, why not?
Maybe people are just not the kinds of things which can be counted as any kind of property. Or maybe God owns all of us..
Also, if I own my self, can I sell myself in slavery to you? If not, why not? and how does that square with owning myself?
Also, isnt assuming that I have prima facie rightful control over some areas of personal action kind of begging the question? i.e. wouldnt it be theoretically better if we could arrive at personal and economic liberties without presupposing either?
Also, the concept of ownership is not a simple concept. Presupposing that such a complex institution like ownership and property exist without any real kind of argument to the effect is not. And the whole metaphysical-ness of the argument just weirds me out. Too much of trying to extract ought from is.
The principle of transfer doesn’t disappear just because you can imagine some alternatives. If you’re going to argue against it, then you must give reasons why a particular alternative is better.
You can’t just wave away the transferring parties’ intentions with a bare, unsupported intention of your own. If you could, then I could do likewise, and I’d reinstate the transfer. And by what right would you contradict me? (Might, I would remind you, does not make right.)
That’s why the burden of proof is not with the people conducting the transfer — they’re already content to go forward — but with the outsider who says it should not.
Its not so simple. The question of justice arises when people make conflicting claims against eachother. Our task is to find out what kinds of claims must give way to others.
On the one hand is one person (call him Bill) wanting to make one kind of transfer and on the other is the state (or any other party) wanting Bill to make another kind of transfer.
Situation 1:
Bill wants to give the money to Ted. The state wants a 5% cut out of any marginal transfer above $5000 so as to fund various public goods defence, currency infrastructure.
Situation 2:
Bill wants to pay Ted to kill his wife. The state doesnt want the transaction to happen.
Situation 3:
Bill wants to give the money to Ted. The state wants all of it
Situation 4:
Bill wants to give the money to Ted. The moneylender (whom Bill has a debt towards) wants half of it.
As we can see, things are rarely so straightforward. In some kinds of conflicting claims the state has a better case than in others. It is not straightforwardly obvious why Bill’s intentions for his money have any kind of presumption in its favour such that any kind of alternative transfer principle has a burden of proof to satisfy.
And at least in situation 4, what Bill wants to do with the money contradicts what his obligations seem to be.
Also, the principle of just transfer whatever it turns out to be is part of what constitutes the institution of property. To say that “the money is mine and therefore it is up to me to do what I wish with it” too easily glosses over what it means for something to be mine and what the implications are. Property rights are not single things but bundles of rights which can be logically separated. The case of adverse possession laws are a case in point. Singapore seems to have abolished its adverse possession provisions while the US hasnt. Of course they are both roughly private-ish, but nothing in Lockean theory about property gets us to settling something like this.
To cut my rambling short, the rules of property should be evaluated as a whole.
Report
Self-ownership/homesteading:
I’d happily tie the incentives argument to the self-ownership one. We, as self-owners, all desire that things go well for our selves. A system that rewards work, thrift, and trade is one that will achieve this. A system that rewards theft, laziness, and isolation will not. Under the latter sort of system, only a few selves will do well, and most will do badly.
I don’t believe Locke made this argument, but it’s certainly built on Lockean premises.
If you don’t own yourself, could I own you?
Maybe people are just not the kinds of things which can be counted as any kind of property.
Do you have any sort of relationship to your self then? Or is that a meaningless question?
I’m not worried about the theoretical prospect of anyone selling themselves into slavery. The self could easily be inalienable property, from which only some by-products can be sold — things like time and labor, in limited quantities.
How limited? Which kinds of labor contracts are okay, and which shade into slavery? That’s where theory ends and public policy begins. I’m okay with that.
Transfer
In each of your cases, you changed some particulars about the transaction — thus meeting, or attempting to meet, the burden of proof whose existence I asserted. In those examples, you did not meet the Lockean idea of transfer with mere assertion. You met it with evidence that rebuts it, in some cases and for some reasons. That’s fine with me, and welcome even, because it agrees entirely with what I was arguing.
Report
I stuble at the threshold.
<i>And please don’t give me the claptrap from the declaration of independence. If you guys genuinely thought that the offences so listed were worth violently overthrowing a government over, then you guys wouldn’t be sitting here blogging. Instead you would have joined a radical militia by now.</i>
The American revolutionaries had both (1) grievances and (2) a plan going forward. The colonies already had established colonial legislatures, which within each new state assumed whatever necessary functions would otherwise have been performed by the government of the United Kingdom. The proposed solution to the revolutionaries’ grievances was straightforward: separation. The radical militias of today have far less of a plan (among other deficiencies and errors).
In a similar way, I would argue that the people of East Pakistan were justified in armed rebellion against the government of Pakistan in 1971, when the Pakistani government was engaging in atrocities in East Pakistan (now Bangladesh) in an attempt to crush groups opposed to the government of Pakistan. In sum: (i) the rebels had grievances, (ii) democratic forms of redress were making no progress, (iii) the oppressive government had troops on the ground terrorizing the citizenry, and (iv) the plan for reform was straightforward: separation of East Pakistan from West Pakistan.
To be a bit more responsive to your main point, this post by John Quiggin at Crooked Timber touches on some of the same themes as your post, and at the same level of generality, I think.Report
If you guys genuinely thought that the offences so listed were worth violently overthrowing a government over, then you guys wouldn’t be sitting here blogging.
Curiously ad hominem, it seems. Also: assumes facts not shown–namely, that the present conditions in the USA are sufficiently comparable to the conditions in 1776 as to warrant the same response.Report
The American revolutionaries had both (1) grievances
Hardly. The american revolutionaries were the enlightenment equivalent of the black helicopter folk. They had paranoid delusions about the government coming to take away their freedoms when the british government was constantly giving them more freedoms than they historically gave any other colony.
Also thanks for the linkReport
I think the point of contentions is that the FFs didn’t want a the freedoms of a colony, they wanted the freedoms of Britain proper.Report
Just reproducing this seems worthwhile.
http://unqualified-reservations.blogspot.com/2008/05/ol5-shortest-way-to-world-peace.htmlReport
I agree completely that property rights are extremely useful conventions. Attempts to ground them in natural rights seems pretentious.Report