taxizen wrote:On the subject of private versus public roads: Adam Smith disagrees with you..
Adam Smith and I disagree on many subjects. For one thing, he wasn't an anarchist...
1. Acquisition - under the stewardship of the state, public roads are invariably considered in some sense the property of the public, in other words common property. That public property does not cease to be owned by the public should the state 'go out of business' and anarchy reign. Since it is not an 'unowned' resource it cannot be justly acquired by 'homesteaders'. Thus the privatisation of roads would amount to theft.
I agree that public roads cannot be homesteaded. They can be privatised through a voluntary action of the state, but I think that is unlikely too.
What I believe ought to happen is that a compromise will combine some skeleton road system as open to the public, fulfilling the need for freedom of movement (easement, in our previous language) and funded through a combination of contributions, advertising, concessions, etc., while some roads will be privatised by being sold off, with the proceeds (like those of selling other state-owned assets) being used to either pay off public debt or pay back tax payers.
2. Maintenance efficiency - privately owned roads will cost more to maintain because the fee charged for maintenance will not simply be for the cost of maintenance but also the cost of sating the personal greed of the owner and the cost of collecting the fee in the form of tolls. There would be an additional inefficiency in that tolls slow down travellers and force them to plan in advance not just their route but also how much cash they will need for each and every road they take. The result would be oppressive, discouraging people from travelling at all.
I disagree completely. For one thing, such eventuality will not even serve the purposes of the greedy road-owners. It will be in their interest to take whatever steps necessary to make their roads as friendly to the public as possible. Modern technology alleviates the need to stop people and collect tolls. And competition will keep tolls reasonable. Monthly or annual subscriptions coupled with automatic license-plate readers will make payment of tolls as seamless as paying for electricity is today. And keep in mind that gasoline will be much cheaper without taxation.
3. Custom complication - if roads were privately owned then as you say the rules of the road would be at the discretion of the owner. Each and every stretch of road could well end up with its own 'highway code' adding to the misery and confusion of the hapless travelller. Imagine an eccentric american coming to the UK and buying up a stretch of the M4 and deciding that on his road people should drive on the same side of the road as they do in the US! If roads could be privately owned that could well happen.
That doesn't make any sense. Consider bank credit cards. There are no regulations as to their size and shape. Yet they all have exactly the same size and shape. Or the placement of controls in a car. Of placement of keys on computer keyboards. Or a million other ways that private producers, despite being theoretically free to do as they wish, conform to voluntary standards which customers prefer.
4. There is a much better way. - Starting from the understanding that public roads are common property it follows everyone has the right to improve this resource but no one has the right to damage this resource. So those most interested in maintaining a given road (because they use it) are free to organise an association for taking care of its maintenance and raise money (or other resources) from others that have an interest in maintaining the road and then subcontract the relevant professionals to do the job. Minimal waste, minimal overhead, no contradiction of NAP or common law, maximum freedom and utility for the user, everyone's a winner.
Who will pay for those improvements? Who will invest in new roads, when the huge cost cannot be recovered through tolls?
Jay Ranger wrote:In a state of anarcho-capitalism, anyone who is homeless and cannot afford a place to stay would theoretically have no place in the entire world to stay legally, am I right? That's of course assuming that people aren't charitable enough to offer the homeless person a place to stay.
Theoretically, those who cannot afford to pay will be driven to the edge of the developed land areas. It is not the case that the entire world will be privatised - most of the land-area of the world is not worth improving. The US, for example, contains huge areas of unimproved (and therefore unowned) land. In practice, either charities or entrepreneurs would provide the destitute with accommodations (just as they do today, as well as providing them with food). Some might take the form of work-houses in which people are expected (but also given an opportunity) to earn their living.
The way I see it: you can copy it all day long. You just can't pass it off as your own.
Passing it off as your own is very rarely the issue around copyrights. One normally makes money by passing the work as that of a famous writer. If you do pass it as your own, you may be sued for fraud, a different matter altogether.
An original idea is just as much a product of my time, labor, and creativity as any physical object I might produce, so why should I not have property rights over it?
First, as long as it is in your mind (or on your private paper or computer), you have full property rights over it. The question arises whether, having chosen to share your idea with others, you can then block third parties with whom you have no contractual relations from acting based on the idea.
Second, it is not the case that property rights derive from creation. Humans don't create matter - they only transform it. Your property rights in the transformed object are identical to your rights in the materials from which it was transformed. If you own the latter, you own the former. If you don't own the raw material, you do not gain ownership of the final good just because you put work into it.
Homesteading allows you to acquire property rights in previously-unowned resources as you incorporate them into your projects. But you can only do so to the extent that the nature of the project reasonably requires exclusive access. This is never the case with ideas.
taxizen wrote:Imagine living in a world where nobody belonged anywhere except within the boundaries of whatever property they had. Psychologically (as well as actually) we would all become prisoners in our own home and trespassers everywhere else. It would be a dystopia on steroids.
I don't see it that way at all. The public spaces of our world tend to be fairly barren. You cannot get food or sleep in them. You can only pass through them. As soon as you try to satisfy your most basic needs - food, shelter, clothing - you have to interact with private property owners - a supermarket, a hotel, a clothing store.
Yet our world is far from dystopian for it, because supermarkets, hotels and clothing stores, to mention but a few, are welcoming and generally open to the public. Shopping malls tend to accept virtually all comers, and the vast majority of people don't give a second thought to the fact that they are private, rather than public spaces.
Exactly the same would hold in a free society. Owners of "public" spaces will be welcoming and friendly. After all, they invested a lot of money and energy in acquiring and improving those spaces, and can only reap benefits by making them as attractive as possible to people like you.
Having said all of that, there is nothing, of course, to stop communities from creating communally owned public spaces and allowing free entry to them. In a diverse society, we are likely to see many different models of human co-existence emerge and co-exist.
Free men are not equal and equal men are not free.
Government is not the solution. Government is the problem.