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Classical liberalism. The individual before the state, non-interventionist, free-market based society.
Forum rules: No one line posts please.
User avatar
By ingliz
#14485247
Are you claiming law is the arbitrary diktat of whoever has power??

Yes

How would you explain laws that limit those who have power?

The power of the masses.


User avatar
By Phred
#14485347
Pants-of-dog wrote:The point being made is that civil rights existed before property rights...

Define your understanding of the term "civil rights" and contrast that definition with your understanding of property rights.

... and before the modern capitalist concept of the ownership of the body.

The concept of self-ownership pre-dates the development of capitalist philosophy and is not dependent on it.

Since these rights existed before the idea that we own our bodies, it would be logically impossible for these earlier rights to be based on the idea that we own our bodies.

Assumes facts not in evidence - that the concept of self-ownership is a recent philosophical development.

Just because a stone axe can be seen as a durable capital good does not mean that prehistoric people had complicated philosophical notions that somehow exactly match capitalism.

I never said they did. I merely point out that durable capital goods existed long before the invention of agriculture. Or of writing. Or perhaps even of speech. Humanoids were fashioning tools almost from the beginning.

Because of our culturally derived ideas of private property.

So that is a "no", then - I do not have the right to walk into your bedroom.

What is the basis of "culturally derived ideas of private property"? What would lead a culture to come up with the concept? What observations and rational thought processes did they follow to determine that I cannot legitimately walk into your bedroom?

Truth To Power wrote:Proto-humans without stone tools predate proto-humans with them.

Well, duh! What's your point?

We actually have some knowledge about what early human societies were like, because some have survived to experience contact with modern civilization. When first encountered by European explorers, the natives of Flinders Island, for example, had no Neolithic technology, and had even lost the use of fire. Their notions of property were primitive, and definitely included products of labor but NOT LAND.

But they had property and recognized it as such, they just hadn't progressed to the point where they had invented agriculture.

Your ramblings about prehistorical humans are beside the point. Of course humans aren't going to regard land as property prior to the invention of agriculture. That doesn't mean land can never properly be considered property under any circumstance.

We have many records from pre-agricultural societies that encountered literate societies.

If true it's beside the point, but give us three examples, backed by reliable sources.

Anthropologists have found no case of property in land arising in a hunter-gatherer or nomadic herding culture.

Well, duh!

So the claim that property rights are based on "homesteading" rather than the producer's right to the fruits of his labor are false as a matter of scientific fact.

I fail to understand your continuing deliberate obtuseness on this point. Clearing, draining, fencing and tilling a piece of land is clearly labor. How can you argue the person (or group of people) performing that labor does not then have the right to that piece of land, the fruits of his labor?

No, because that is a privately owned facility produced by labor.

Which is located on a piece of land, which you insist cannot be legitimately owned. But if you want to (contradictorily) make an exception for those spaces located on land that have permanent roofs over them, change "bedroom" to tipi or yurt or tent and answer the question.

Buildings are privately owned because they are products of labor.

But your building isn't floating half a mile up in the air, it is located on land you don't legitimately own. Can't legitimately own, according to your hypothesis. Your building prevents anyone else from using that land for purposes of their own. You are thereby violating their rights.



Phred
By Truth To Power
#14485448
Are you claiming law is the arbitrary diktat of whoever has power??

ingliz wrote:Yes

How would you explain laws that limit those who have power?

The power of the masses.

So, basically a non-falsifiable and thus non-scientific claim...?
User avatar
By ingliz
#14485741
a non-scientific claim

So, you think you are making a 'scientific' argument when rights are based on moral value-judgements and molecules have no morality.


By Truth To Power
#14485763
Phred wrote:The concept of self-ownership pre-dates the development of capitalist philosophy and is not dependent on it.

This assertion would be more persuasive with some factual support. Reliable sources, please.
Since these rights existed before the idea that we own our bodies, it would be logically impossible for these earlier rights to be based on the idea that we own our bodies.

Assumes facts not in evidence - that the concept of self-ownership is a recent philosophical development.

Assumes facts not in evidence: that the concept of self-ownership is not a recent philosophical development. In fact, there's no clear statement of the idea before Locke's Second Treatise on Government, and it waited another century, until the American anarcho-capitalist Josiah Warren, to be stated definitively.
Just because a stone axe can be seen as a durable capital good does not mean that prehistoric people had complicated philosophical notions that somehow exactly match capitalism.

I never said they did. I merely point out that durable capital goods existed long before the invention of agriculture. Or of writing. Or perhaps even of speech. Humanoids were fashioning tools almost from the beginning.

And their ancestors were living on land and using it without owning it or anything else for millions of years before that.
What is the basis of "culturally derived ideas of private property"?

All valid property rights are based on the producer's right to the fruits of his labor, which is based on the non-deprivation principle: each individual has a right to that which he would have if others did not take it from him. As the product of labor would not exist but for the producer, no one else has a right to it. As the producer would have it if no one else took it from him (it naturally comes into existence in his possession), he does have a right to it.
What would lead a culture to come up with the concept?

The concept of rights, including property rights in the fruits of one's labor, is deeper than culture. It is probably genetic. All normal humans have a capacity for moral reasoning which other animals lack. Even infants too young to talk show aversion to injustice and abrogations of rights.
What observations and rational thought processes did they follow to determine that I cannot legitimately walk into your bedroom?

The most scientifically credible explanations of human behavior come from evolutionary psychology – i.e., analysis based on differential reproductive success. In the case of property rights, people in a given society gain a reproductive advantage when the producer has property in the fruits of his labor, because that provides each individual in that society with an accurate incentive to produce. More production makes the whole society wealthier and thus better able to compete than other societies where the producer's right is not recognized.

In particular, increased production yields a military advantage through larger population (more warriors in the field) and increased quality and quantity of arms to equip them. In the millions of years of inter-societal competition and combat that produced the human species, the military advantage conferred by producers having property in the fruits of their labor has made it virtually universal, and has probably even affected the human genome, genetically predisposing us to respect property in the fruits of labor – i.e., giving us a property right instinct.
Truth To Power wrote:Proto-humans without stone tools predate proto-humans with them.

Well, duh! What's your point?

Before the stone tools show up, there is no reason to have a concept of property, in one's own body or anything else, which is why animals lack a notion of property despite having the bodies you claim are the original locus of property rights. All they have is brute animal possession. I.e., if an animal possesses a territory, or some food it has obtained, it must defend that possession itself, by force, and if its possession thereof is overturned by force, no other animal will attempt to restore its possession, or show even the slightest regret that a fellow animal has lost what it possessed.

By contrast, in every known human society, where A has a recognized property right in X, and B overturns A's possession of X by force or fraud, abrogating the property right, C, D, etc. will not view the change of possession with equanimity, and will often intervene (either individually or through a social authority) to restore A to “rightful” possession of X. The advent of durable capital goods in the form of stone tools therefore provides human beings with the first reason to have property rights. You will note that property in other human beings -- chattel slavery -- long antedates property in land, proving that the notion of "property in one's own body" as the basis of property rights is incorrect.
We actually have some knowledge about what early human societies were like, because some have survived to experience contact with modern civilization. When first encountered by European explorers, the natives of Flinders Island, for example, had no Neolithic technology, and had even lost the use of fire. Their notions of property were primitive, and definitely included products of labor but NOT LAND.

But they had property and recognized it as such, they just hadn't progressed to the point where they had invented agriculture.

I.e., they had property rights that weren't based on any purported "homesteading principle."
Your ramblings about prehistorical humans are beside the point.

No, they identify the relevant fact: that property right concepts cannot possibly be based on any so-called “homesteading principle,” because property in products of labor long antedates the first instances of property in land, which is itself a much later innovation than property in other people's bodies (chattel slavery).
Of course humans aren't going to regard land as property prior to the invention of agriculture.

Why not? Many animals are territorial,and so are human societies. People had private property in the products of their labor for at least many thousands of years before anyone thought of agriculture, and were well aware of the concept of communal territories, why didn't they extend the concept of private property to land?
That doesn't mean land can never properly be considered property under any circumstance.

Land can never rightly be property for a quite independent reason: property in land is not consistent with people having a right to liberty.
We have many records from pre-agricultural societies that encountered literate societies.

If true it's beside the point, but give us three examples, backed by reliable sources.

?? You want "reliable sources" for the fact that advanced, literate European civilization encountered hundreds of pre-literate, pre-agricultural societies?? What next, three reliable sources for the fact that land existed before people?
Anthropologists have found no case of property in land arising in a hunter-gatherer or nomadic herding culture.

Well, duh!
So the claim that property rights are based on "homesteading" rather than the producer's right to the fruits of his labor are false as a matter of scientific fact.

I fail to understand your continuing deliberate obtuseness on this point.

Ahem. I am the one person here who is honestly identifying the relevant facts of objective physical reality and their inescapable logical implications, and I will thank you to remember it.
Clearing, draining, fencing and tilling a piece of land is clearly labor.

But it merely adds fixed improvements to a resource that was already there, and which they have not removed from where nature put it. They are explicitly claiming ownership of something they did NOT produce.
How can you argue the person (or group of people) performing that labor does not then have the right to that piece of land, the fruits of his labor?

Because it is indisputably NOT the fruit of their labor. The land – the location on the earth's surface, together with the soil, rock, etc. under it and the space above it – that they claim to own existed before they did, with no help from them or anyone else, and it is therefore logically impossible that it could be the fruit of their labor. They may have added fixed improvements to it – the fence, the furrows and planted crops in the field, the drier soil, etc. -- but those improvements are merely attached to the land; they are not themselves the land the laborer is claiming as his property.
No, because that is a privately owned facility produced by labor.

Which is located on a piece of land, which you insist cannot be legitimately owned. But if you want to (contradictorily) make an exception for those spaces located on land that have permanent roofs over them, change "bedroom" to tipi or yurt or tent and answer the question.

There is of course no contradiction in what I have said, and this exchange will be a lot less humiliating for you if you can manage to remember that.

The type of structure makes no difference. The right is to property in the structure, the product of the builder's labor, not to the location where he performed that labor or to which he attached its fruit.

Anyway, this confusion of yours is easily resolved: do you agree that a boat is the property of its builder, but the sea it floats on is not? Are you aware that many people – like people in Hong Kong, where all land is publicly owned and has been for over 160 years -- build and own structures on land they do not own, and find nothing impossible in the arrangement? Did you know that even iconic buildings like the World Trade Center and the Empire State Building have been built on leased land?
Buildings are privately owned because they are products of labor.

But your building isn't floating half a mile up in the air, it is located on land you don't legitimately own. Can't legitimately own, according to your hypothesis.

It is not a hypothesis. It is fact. You know that a ship is located on sea the ship's owner can't legitimately own. So what? No one imagines that owning a ship confers a right to own the sea it floats on. The only difference between owning a ship on the sea and owning a house (or fence, or tilled fields, etc.) on land is that the house, etc. can't be moved. But the fixed improvements to the land don't make the "improved" land itself a product of labor any more than the ship makes the "navigated" sea a product of labor.
Your building prevents anyone else from using that land for purposes of their own. You are thereby violating their rights.

BINGO!!! And as that violation is necessary to the function of economically advanced societies, it must rightly be compensated, in both directions. I.e., the land user who profits by it must rightly compensate the community of those whom he deprives of the land, and those who are thus deprived must rightly be compensated for the deprivation. It is no accident that properly understood, simple justice in possession and use of land also solves the problems of poverty, unemployment, fair and efficient taxation, perverse incentives, pollution, the boom-bust cycle, etc.
By Truth To Power
#14485765
a non-scientific claim

ingliz wrote:So, you think you are making a 'scientific' argument when rights are based on moral value-judgements and molecules have no morality.

Molecules may have no morality, but people do; and it is based on differential reproductive success, which is in principle susceptible of scientific analysis and understanding (evolutionary biology).
By SueDeNîmes
#14485770
Do I have the right to set up a portable stove and cook a meal in the lobby of Barclay's Bank? If not, why not?

Pants-of-dog wrote: Because of our culturally derived ideas of private property.


Hunter-gatherer people (from Papua New Guinea IIRC) brought to modern Britain simply could not understand why there were homeless people sleeping in the doorways of empty shops and banks. There was a great BBC doc' apparently no longer on YouTube.

They had similar problems with wage labour.
By Pants-of-dog
#14485936
Phred wrote:Define your understanding of the term "civil rights" and contrast that definition with your understanding of property rights.


My understanding of the terms has nothing to do with it.

Habeas corpus has existed since the 14the century, at least, while property rights as an intellectual concept that was actually discussed did not come about until the 18th century.

The concept of self-ownership pre-dates the development of capitalist philosophy and is not dependent on it.


It seems entirely dependent on it, in my opinion. The concept of private property as an actual thing did not exist before capitalism, so I have no idea how you would apply that idea to your relationship with your body before anyone even came up with that idea.

Assumes facts not in evidence - that the concept of self-ownership is a recent philosophical development.


It is. If you look at the history of the concept, it originates in the turmoil of the Baroque era. John Locke was the first, I believe, to write about it.

I never said they did. I merely point out that durable capital goods existed long before the invention of agriculture. Or of writing. Or perhaps even of speech. Humanoids were fashioning tools almost from the beginning.


Then your statement is not a rebuttal of the point being made.

So that is a "no", then - I do not have the right to walk into your bedroom.

What is the basis of "culturally derived ideas of private property"? What would lead a culture to come up with the concept? What observations and rational thought processes did they follow to determine that I cannot legitimately walk into your bedroom?


Knowing what I do about the Baroque era, I would assume that our culturally derived ideas of private property stem from the movement among merchants in 18th century London to create private banks, which came about in reaction to the monarch (Charles I or II, I think) arbitrarily seizing the gold from the goldsmiths.

--------------------

Truth To Power wrote:So, basically a non-falsifiable and thus non-scientific claim...?


Yes, the claim that human rights are subjective and neutrally derived is not a scientific claim.

This is because science deals with objective claims.

--------------------------

SueDeNîmes wrote:Hunter-gatherer people (from Papua New Guinea IIRC) brought to modern Britain simply could not understand why there were homeless people sleeping in the doorways of empty shops and banks. There was a great BBC doc' apparently no longer on YouTube.

They had similar problems with wage labour.


Seen from outside a capitalist culture, capitalism seems very odd and inefficient.
User avatar
By ingliz
#14485981
evolutionary biology

Evolution is a process that has no goals, no purpose, and no morals.


User avatar
By Potemkin
#14485997
Evolution is a process that has no goals, no purpose, and no morals.

To be fair, he wasn't claiming that it did. He was merely stating that an understanding of evolutionary biology can give insights into why human societies are organised in the way that they are. This is hardly a controversial claim.
By Truth To Power
#14486003
evolutionary biology

ingliz wrote:Evolution is a process that has no goals, no purpose, and no morals.

Right, but it has EXPLANATORY POWER; in particular, it explains OUR morals.

Oh, and FYI, you are making a fool of yourself by laughing at concepts you clearly don't understand.
User avatar
By Potemkin
#14486004
Right, but it has EXPLANATORY POWER; in particular, it explains OUR morals.

I think ingliz is concerned that you may be trying to derive an 'ought' from an 'is', a common fallacy. This is clearly not the case, however - explaining why human morality takes the forms that it does is not the same thing as endorsing those moral systems for that reason.
User avatar
By ingliz
#14486014
Evolution may have worked to make us act in selfish, devious, and iniquitous ways, but evolution provides no moral justification for those selfish, devious, and iniquitous acts.


User avatar
By Potemkin
#14486016
Evolution may have worked to make us act in selfish, devious, and iniquitous ways, but evolution provides no moral justification for those selfish, devious, and iniquitous acts.

Indeed not, but he never claimed that it did. Doing so would be to try to derive an 'ought' from an 'is', a logical fallacy. Besides, I though his point was that evolutionary pressures have also worked to make us act in altruistic, self-sacrificing and pro-social ways too. So I don't see what your problem is....
User avatar
By ingliz
#14486018
Evolution may have also worked to make us act in altruistic, self-sacrificing and pro-social ways, but evolution provides no moral justification for those altruistic, self-sacrificing and pro-social acts.


Last edited by ingliz on 10 Nov 2014 21:21, edited 2 times in total.
User avatar
By Potemkin
#14486029
Who said that it did?
User avatar
By ingliz
#14486032
Who said that it did?

Give him time and Truth To Power will. They all do. He is a believer.

But God is out of favour, so they call on Science to justify their nonsensical belief in Natural Rights.


Last edited by ingliz on 11 Nov 2014 12:54, edited 3 times in total.
User avatar
By Potemkin
#14486064
God is out favour, so they call on Science to justify their nonsensical belief in Natural Rights.

Given time Truth To Power will. They all do. He is a believer.

You are ascribing motivations to Truth to Power which I don't believe are there. Explaining something is not the same thing as endorsing something. Truth to Power has not, to my knowledge, claimed that there are such things as 'Natural Rights', and nor do I.
By annatar1914
#14486074
ingliz wrote:God is out favour, so they call on Science to justify their nonsensical belief in Natural Rights.

Given time Truth To Power will. They all do. He is a believer.


You do know that you can believe in God and not in 'Natural Rights', right?

I'm a bit obtuse, so forgive me that-would it be possible to believe in a Libertarian God and derive one's rights from being made in His Image? Not that I do think so.
By Truth To Power
#14486108
Right, but it has EXPLANATORY POWER; in particular, it explains OUR morals.

Potemkin wrote:I think ingliz is concerned that you may be trying to derive an 'ought' from an 'is', a common fallacy.

I wondered when that old chestnut would show up. Darwin annihilated that "argument" when he showed that we don't need to derive an ought from an is, because evolutionary psychology allows us to begin with factual premises about what ought is. I.e., evolutionary theory implies that ought is already based on is.
This is clearly not the case, however - explaining why human morality takes the forms that it does is not the same thing as endorsing those moral systems for that reason.

Right. There is no reason to endorse any particular moral theory any more than to endorse a theory of exactly which other organisms are beneficial to human existence. It's an inconceivably complex work in progress, and as with many other evolving human characteristics, we have no way to reach a definitive scientific answer. But if we are willing to employ fact and logic -- and courage and honesty -- we can make some pretty good guesses.
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