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It has been a while since I've read John Locke's Second Treatise of Civil Government, but I've been ruminating on his conception of property in that book. He says:
Basically, whenever you mix your labor with something out of nature, it becomes yours.
This conception was highly influential on the Founding Fathers of the United States, and it is easy to see the advantages of such a conception of private property for a brand new country. Sweeping aside the thorny issue of native Americans, if you have a vast wilderness of unclaimed territory, the idea of allowing citizens to go out, form a homestead somewhere and to recognize their claim on the land feels very intuitive and "fair."
Unfortunately, such an idealized conception of property ownership didn't actually exist in practice. Steven Stoll's Ramp Hollow explores some of the things that happened in Appalachia over the history of the United States. Just within this microcosm, we see the way things often played out in practice, and it was far from the Lockean ideal.
It was not unusual for some rich landowner to lay claim to a bunch of land he had never even seen or set foot upon, and then to just sit on the claim without ever doing anything with it. Then squatters would move in, and make homes and farms on the land, before being discovered and kicked out.
It seems to me, if we take John Locke's account of property as our model, the squatters had a better moral claim to owning that land than the de jure owners in many cases. And yet again and again, we see governments recognizing the claims of absentee landlords over those of the people who had worked and improved the lands with their own two hands.
In many ways, property and its justification are core to establishing that society is "fair." So it is troubling to note a discrepancy this big between theory and practice so early in the country's history, at the very foundation of property ownership claims, poisoning everything downstream from them.
I think a toy example will help illustrate why this is such a big deal for the modern United States:
Imagine there's an island that has 10 heterosexual couples on it. This island is abundant in natural resources, and it has the following features:
Now, as we come into the island, 9 of the couples have come together and formed a gang. They claim that because their gang was the first to walk the circumference of the island, they have the best claim to owning the island and they will enforce their property claim against the 10th couple. They do not want the last couple collecting resources on the part of the island that had informally been "theirs" up until a few days ago, in which they had spent years building shelters and tools to improve their hunting and gathering.
The gang is going to imprison the couple in a 10'x10' part of the island unless they agree to recognize their ownership claim. Furthermore, while they're prepared to enjoy a merely good lifestyle for the rest of their lives, they tell the unfortunate couple that after they agree to the gang's ownership claim the gang would be willing to rent "their" part of the island back to them, as long as that couple gives them all a tribute that will take them down to a meager lifestyle, and take the gang up to a decadent lifestyle.
Left with no other choice, the unfortunate couple agrees to recognize the gang's ownership claim, and starts paying tribute.
Is the society on the island described above fair or just? I think most people's intuitions would be that it is not.
Now, imagine that several generations have passed. The islanders have expanded out onto several other islands, but the extra resources from the first island have resulted in a very uneven society. The descendants of the original gang own everything, and the descendants of the original unfortunate couple have never owned anything. They rent wherever they go, despite barely enjoying the fruits of their labor.
Did the passage of time, and inheritance of property down through the generations somehow make the society more fair and just? Would the descendants of the original unfortunate couple be wrong to want to overthrow their society and redistribute the land and other resources of society more fairly and justly?
As I see it, there are three distinct phases when it comes to thinking about property rights:
It seems to me like a lot of people are happy to start at step 3 and call it a day when it comes to how they conceptualize property, and its just distribution through society. A worker who is forced to sell their labor in order to make money to purchase the necessities of life is not being exploited no matter how little they're getting paid, and no matter what happened in steps 1 and 2 to get them to the place where they needed to sell their labor in the first place.
For people who defend the current conception of property in the industrialized world, and who think that we should accept the idea of starting at step 3 and not worrying about 1 and 2, what is the justification?
The older I get the more I dislike this first principles thinking based on rights and so forth. I think ultimately there is only one social law in the world, the law of the jungle. Just as any other animal, you get to keep your property if you can physically keep it. You conveniently evaded the issue of natives in USA, but that was precisely the case. Natives could not keep their land so they did not. As easy as that.
Current social and economic arrangement exists because it has legitimacy. Legitimacy is ability to keep powerful individuals from exerting violence to take what they want. You can get legitimacy by naked power, by growing the spoils so there is easier way to get ahead than using violence as well as by creating social structures regulating violent behavior or any number of other means.
This will be a tangent, but I recently watched YouTube discussion of some people from Niger where they reacted to US news reports about recent coup in that country which was described as anti-democratic and authoritarian etc. And they laughed, Niger ranks 189th out of 191 countries in the world in UN Development index, it is as poor as it can get. It does not matter if god himself was ruling that country and he was just unlucky, the result is abject poverty and failure. The regime simply has no legitimacy, it does not work and no number of "first principles" talks about democracy and freedom make any sense in Niger. If society is in ruin and ruled by illegitimate regime, is anti-social behavior really antisocial?
It works. First World now is still arguably the best place and time to live in history of mankind, even now in 2023. The current system has build up some legitimacy, it was able to grow its population along its wealth for centuries now. There may be some reasons to play on the edges and adjust things here and there, but I do not think we are close to anything that should require drastic measures like in Niger.
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