- 19 Apr 2013 11:08
#14217665
mike,
No libertarians object to worker-owned companies. Some may believe them to be less efficient than other forms of corporate organisation, but the market will sort that out.
When a company goes under, there are good legal rules in the common law for how to distribute its assets. First claim, generally, goes to secure (senior) creditors, followed by unsecured creditors and then, if anything is left over, equity holders.
The workers have no claim beyond their contractual rights (e.g. back pay or contractually-guaranteed pensions).
Your use of homesteading shows deep ignorance of the moral and logical underpinnings of the concept. Admittedly, Locke's unfortunate metaphor of "mixing one's labour" is confusing.
In the past, I suggested a formulation of the NAP according to which it is wrong to initiate force against another person or their ongoing (peaceful) projects. Homesteading, the acquisition of legitimate property rights over previously-unowned resources, is a natural consequence of this formulation.
Here is how it works. I incorporate some previously-unused resource into an ongoing project. Because the resource was previously-unused, that project is peaceful. Consequently, others may not initiate force against it.
If the nature of the project reasonably requires an exclusive use of the resource (e.g. a field being cultivated which would lose value if trampled by others), the prohibition on initiation of force against the project becomes equivalent to respect of property rights in the resource.
Ownership of land is generally permanent as long as the land is incorporated into a project, which may include personal use or renting it out to others for use. However, land may be abandoned. This is equivalent to the project of using it having ended. Once abandoned, the land is again open to homesteading.
In the context of companies, the equivalent scenario isn't one in which the company is bankrupt, but rather one in which it is abandoned while still solvent. If the owners of a company simply disappear in ways that suggest abandonment (like the industrialists of Atlas Shrugged), the workers could legitimately claim to homestead the abandoned property.
But only under those circumstances.
Free men are not equal and equal men are not free.
Government is not the solution. Government is the problem.