Land Ownership And Property

Land, Property and Philosophy

on fundamental matters such as existence, knowledge, values, reason, mind and ethics.

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Re: Land Ownership And Property

#21  Postby THWOTH » Nov 05, 2023 12:41 pm

Spearthrower wrote:As an aside, the reason I am purposely separating away land ownership is that I do believe it originates and persists only through application of force. This predates humanity by hundreds of millions of years through territoriality - so a lizard owns its sunbathing rock only so long and to the extent that it can fight off any would-be supplanters. Any lizard who wants to disagree with that lizard's ownership is obligated to engage in a trial of force. Might has the right.

Through the lens of the individual one might reproduce this naturalistic fallacy with regards to all necessities, but in order to do so one must attend the party with the concept of property already in hand.
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Re: Land Ownership And Property

#22  Postby Spearthrower » Nov 05, 2023 1:42 pm

A naturalistic fallacy seeks to justify as good or right the present conditions based on the past. Explaining the present in terms of the past with no reference to what is good or right isn't a naturalistic fallacy.

I didn't say 'this is desirable'. I didn't say an ought. I said an is. What we ought to do about land ownership I have absolutely no idea - couldn't even begin to formulate a workable model.
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Re: Land Ownership And Property

#23  Postby THWOTH » Nov 05, 2023 2:38 pm

I'll grant that. But I still feel you arrived with the concept of property and then cited the lizard's jurisdiction over its territory as a persistent justification for the concept being essentially natural, and to some extent ubiquitous within nature. Unlike the lizard we are a social species who flourish as individuals only within the context of the community, and I feel your example plays into individualistic notions which negate community and instead place humans within a context more akin to Hobbes' war of all against all.

Furthermore, I see no relevant distinction between land and other basic necessities such as food, water, shelter, etc, as each is dependent on the other.
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Re: Land Ownership And Property

#24  Postby Spearthrower » Nov 05, 2023 2:55 pm

THWOTH wrote:I'll grant that. But I still feel you arrived with the concept of property and then cited the lizard's jurisdiction over its territory as a persistent justification for the concept being essentially natural,..


No, as I just told you - there was nothing about justification in there at all. Not only did I not write anything like that, I also specifically told you that's not what I meant.

My interest is solely about how such factors arise. This is what has always interested me about everything. It's why I studied ancient history, then anthropology, and what really led me to stop believing in Christianity.

We humans have this way of generating special-me stories setting us apart from nature, as if property and land ownership are purely human inventions when both are widely evident among other species.

All we've done is add our cognitive-linguistic layer to them, codifying them according to events in our ancestors' past. There's nothing special about any of those laws - they could all be changed should people desire it.

However, our social nature is also hierarchical, and we've created an economic layer which means wealth translates to power, which in turn means those who have power are also the least likely to want to see any change given that the current system has obviously worked out well for them. The powerless might benefit from change, but they don't have the power to change it. A neat little system that trickles change rather than frequently offering up radical shifts.


THWOTH wrote:... and to some extent ubiquitous within nature. Unlike the lizard we are a social species who flourish as individuals only within the context of the community, and I feel your example plays into individualistic notions which negate community and instead place humans within a context more akin to Hobbes' war of all against all.


I picked a lizard entirely at random and could've picked any of a thousand other animals. I actually wrote up to about that point then accidentally jogged my mouse and closed the window losing my first post. I can't remember what animal I wrote in that first post except that it wasn't a lizard.


THWOTH wrote:Furthermore, I see no relevant distinction between land and other basic necessities such as food, water, shelter, etc, as each is dependent on the other.


I wasn't really talking specifically about basic necessities. I was talking about a division between property - which is portable - and ownership of land which stays where it is.

However, land in the territorial sense is obviously not just indicating a section of earth, but rather the resources that section contains - so hunting or foraging grounds, a water source, desirable shelter or nesting grounds etc. Land ownership means owning a means to survive, which is presumably why it was favoured by natural selection.

I have to state very clearly here so you don't misunderstand: I am not suggesting that humanity should run its societies in accordance with natural selection: that would be ghastly - as bad as we are, we're far better than that. Knowing how something arose doesn't suggest that it should remain unchanged eternally. Rather, it might help us understand something about us and our extremely deep passions when it comes to such subjects - there's hundreds of billions of years going on under the hood, underneath any words we may use to frame it.
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Re: Land Ownership And Property

#25  Postby Evolving » Nov 05, 2023 3:27 pm

Spearthrower wrote:...hundreds of billions of years...


Surely thousands of trillions?

:)

P.S. I know you meant millions.
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Re: Land Ownership And Property

#26  Postby Spearthrower » Nov 05, 2023 4:04 pm

Guh... yes! :drunk:
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Re: Land Ownership And Property

#27  Postby THWOTH » Nov 05, 2023 7:20 pm

Spearthrower wrote:
THWOTH wrote:I'll grant that. But I still feel you arrived with the concept of property and then cited the lizard's jurisdiction over its territory as a persistent justification for the concept being essentially natural,..


No, as I just told you - there was nothing about justification in there at all. Not only did I not write anything like that, I also specifically told you that's not what I meant.

My interest is solely about how such factors arise. This is what has always interested me about everything. It's why I studied ancient history, then anthropology, and what really led me to stop believing in Christianity.

We humans have this way of generating special-me stories setting us apart from nature, as if property and land ownership are purely human inventions when both are widely evident among other species.

All we've done is add our cognitive-linguistic layer to them, codifying them according to events in our ancestors' past. There's nothing special about any of those laws - they could all be changed should people desire it.

However, our social nature is also hierarchical, and we've created an economic layer which means wealth translates to power, which in turn means those who have power are also the least likely to want to see any change given that the current system has obviously worked out well for them. The powerless might benefit from change, but they don't have the power to change it. A neat little system that trickles change rather than frequently offering up radical shifts.


THWOTH wrote:... and to some extent ubiquitous within nature. Unlike the lizard we are a social species who flourish as individuals only within the context of the community, and I feel your example plays into individualistic notions which negate community and instead place humans within a context more akin to Hobbes' war of all against all.


I picked a lizard entirely at random and could've picked any of a thousand other animals. I actually wrote up to about that point then accidentally jogged my mouse and closed the window losing my first post. I can't remember what animal I wrote in that first post except that it wasn't a lizard.


THWOTH wrote:Furthermore, I see no relevant distinction between land and other basic necessities such as food, water, shelter, etc, as each is dependent on the other.


I wasn't really talking specifically about basic necessities. I was talking about a division between property - which is portable - and ownership of land which stays where it is.

However, land in the territorial sense is obviously not just indicating a section of earth, but rather the resources that section contains - so hunting or foraging grounds, a water source, desirable shelter or nesting grounds etc. Land ownership means owning a means to survive, which is presumably why it was favoured by natural selection.

I have to state very clearly here so you don't misunderstand: I am not suggesting that humanity should run its societies in accordance with natural selection: that would be ghastly - as bad as we are, we're far better than that. Knowing how something arose doesn't suggest that it should remain unchanged eternally. Rather, it might help us understand something about us and our extremely deep passions when it comes to such subjects - there's hundreds of billions of years going on under the hood, underneath any words we may use to frame it.


No need to fisk me Sandra! I'm not one of your tuppeny chew toys! :D

Invoking land in relation to a view of property as something that "predates humanity by hundreds of millions of years through territoriality" does rather appear to naturalise human property relations. Because that's what we're talking about here I think; what we as social creatures, within contemporary societies that broadly adhere to global economic frameworks, think about property, ownership, and land, and how we relate to these ideas. I accept that this is not what you intended, and I'm not trying to debunk you. I'm just trying to reflect where you've led me - yet giving an account of ownership in terms of "the lizard's ownership is obligated to engage in a trial of force" does, in my view, suggest that (current) human property relations are typified by 'natural' or necessary violence and conflict over resources. If this wasn't the kind of thing you intended to bring to the discussion why mention it? (and yes, I have read your entire response before I started typing). Perhaps we both think it's relevant, but we disagree in what way it's relevant.

Understanding where these things came from is helpful - I just think the example of the lizard fails because it pitches individuals against individuals within a context that necessitates conflict, whereas our 'origins story' :) is one of cooperative development, and peoples have (and can, and do) conceptualise of the things we call property in different forms: in terms of something like 'the commons' or by adopting a cross-generational custodial relationship with resources and things like land.

Perhaps at this juncture you'll point out that we cooperate at the community level in order to engage in resource conflicts with other communities, and while that is certainly true I don't think we can pin that entirely on a basal conception of ownership of property or an evolutionary desire/need to control resources, even in conflicts at levels mediated through social institutions like the law or governments.

On the other hand, I agree that things like law and governments are socially constructed entities over which we have (or at least in theory should have) control. You outlined the short-comings of our mediating social-legal and social-economic structures very well, and yet you also seemed to imply that there's a certain social utility in the way our economic and power relations are structured and play out, because they preference incremental rather than sudden change; they promote continuity and order over discontinuity and disorder; they act as forces from which social goods can trickle down slowly rather than offering radical, destabilising shifts. Call me a Lefty Thelma if you like, but the current conception of property and ownership appears to be resulting in fewer and fewer people possessing exclusive control over more and more stuff, and the edifices of the law and government will probably continue to reproduce structures which are deleterious to the flourishing of the community, unless there is a radical shift in how we view things - particularly in relation to the basic necessities of life.

That land is fixed, local, just there, and other things are portable is a trivial distinction given that the law treats land just like anything else which can be owned. It just happens to be the thing on which everything else sits - although you can own the sea, the seabed, parts of the sky, and apparently even the moon. This brings us back to my previous suggestion that the 'ownership' of 'property' is an enforceable claim-to-use. In that light, we should probably prepare for a Moon war!

Image

I know you're not suggesting that nature, or natural selection etc mandate our current conceptions of property and ownership. What they do mandate however is a denial-of-use of basic necessities (and I only keep referring to them because nobody asks to be born and we all require them to continue existing). They mandate suffering through unnecessary hunger, thirst, and exposure, not to mention colonialism, slavery, the exploitation women, environmental degradation, speciesism, and if I carried on with this list I'd be here all day! Sure, there's tens of squillions of years of human physical, psychological, and social development "going on under the hood", nonetheless imho we need to strenuously avoid teleologisms that tell us that we sit at the pinnacle of that development and/or that where we sit today is a natural consequence of that development, or that we were always destined to park our arses here. This is why I am wary of invoking examples of territoriality drawn from nature to explain sets of distinctly human social and economic relations.
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Re: Land Ownership And Property

#28  Postby tuco » Nov 05, 2023 7:38 pm

It's never late to reconsider, you two get well together.
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Re: Land Ownership And Property

#29  Postby Spearthrower » Nov 05, 2023 8:00 pm

THWOTH wrote:
No need to fisk me Sandra! I'm not one of your tuppeny chew toys! :D


I'm sorry if it comes across that way, but I know of no other way to respond so specifically as by citing the stretch of text you want to reply to.

Now I am genuinely a little bit stuck as to how best to reply. Do you prefer a long, holistic response?

And while I appreciate you're joking: please note that I've never used the term 'chew toy' in reference to anyone ever on this forum. It's not how I think.

Let me know how and I'll reply in a more acceptable format! :cheers:
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Re: Land Ownership And Property

#30  Postby THWOTH » Nov 05, 2023 10:12 pm

Do your usual thing. I just thought splicing a sentence mid clause was a bit... excessive.
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Re: Land Ownership And Property

#31  Postby don't get me started » Nov 10, 2023 6:29 am

Some interesting stuff here regarding the philosophy,morality and and legality of ownership. I'll chip in a bit from the linguistic angle, if I may.

The concept of possession is a linguistic universal. That is, every language ever studied has a particular set of vocabulary and grammatical structures or some other mechanism that allow speakers to state possession. But within this broad statement there are all kinds of nuances and particularities.

Some languages such as Hawaiian and other Pacific island languages make a clear distinction between what is termed 'alienable' an 'inalienable' possession. That is, they have different expressions/grammar structures to say thing like 'my father' and 'my canoe'. One cannot have any choice in having a father(thus inalienable), but one can come into possession of a canoe and also a canoe can go out of your possession (thus alienable). Generally, inalienable possession is reserved for kinship relations and body parts and perhaps also salient artifacts in that culture. (But, depending on the language, some non-cosanguinal kinship relations can be either alienable or inalienable.) This aspect of language was a new thing for Europeans when they first encountered it in the early colonial days.

Some languages do not have a word for the basic possession verb 'have'. For example, when I first delved into Russian I was a bit nonplussed to find there is no clear way to say 'Ivan has a book.' Instead, in Russian, one uses a locative expression. 'At Ivan exists book.' (У Ивана есть книга). Some languages just place the possessor and possessee next to each other with no further marking. 'Father house' = 'Father's house'.

I was once talking to a researcher at a conference who was studying an Australian Aboriginal language (I forget which one) and he told me that the language has no way to encode possession of land. That is, there was no grammatical way to say, 'This land belongs to me'. He said that the relationship would more likely be encoded as 'I belong to this land.' (Consider in English the contrast between 'That is my foot' and 'I am that foot's person' and you'll get an idea of how strange it would be for those people to assert land ownership.)


English has a rather peculiar system in that it makes broad distinctions between animate and abstract possession.
The possessive apostrophe + s pattern will generally be used when the possessor is human or animate and the 'of' pattern will more likely be used when the possessor is inanimate or abstract. Here is a chart that shows how the system works. (Taylor, J. R. (1996). Possessives in English: An exploration in cognitive grammar. Oxford university press.)
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Possession. Taylor, 1996, p.221)
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Re: Land Ownership And Property

#32  Postby THWOTH » Nov 10, 2023 7:48 am

What's the name of that concept in linguistics/psychology which notes that one's thinking about and conception of the world is structured and/or dictated by the language we use?
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Re: Land Ownership And Property

#33  Postby don't get me started » Nov 10, 2023 12:14 pm

THWOTH wrote:What's the name of that concept in linguistics/psychology which notes that one's thinking about and conception of the world is structured and/or dictated by the language we use?


I think you are referring to the Sapir-Whorf hypothesis, or, as it is sometimes more formally termed, linguistic relativity.

https://en.wikipedia.org/wiki/Linguistic_relativity

The whole concept is subject to the usual academic bun fights, territorial disputes, gatekeeping, misrepresentation and claims of misrepresentation. The 'Great Eskimo Vocabulary Hoax' is a poster child for the battleground. (Apologies for using an outdated ethnic term, but that was what it was referred to for so long it became somewhat established. See the book of that title by Pullum)

My own feeling is towards what is sometimes called the 'weak' version of Sapir-Whorf. That is, the language you speak (or languages- let's face it, some people speak more than one language!) has an effect on how you categorize and schematize reality and experience. But the effect is not total. Rather it means that different tendencies and alternative construals may seem odd on first encounter, but never completely beyond one's intuitive grasp. Anyways, enough of the derail. I hope that answered your question THWOTH.
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Re: Land Ownership And Property

#34  Postby tuco » Dec 21, 2023 8:28 am

I cant get my hands on this:

My Review of "Property and Human Flourishing"

The Federalist Society Review recently posted my review of Property and Human Flourishing, an important new book on property rights by Cornell law professor Gregory Alexander (a leading property law scholar). I conclude that the book is an impressive work and a valuable contribution to the literature on property rights, but also has some notable flaws.


https://reason.com/volokh/2018/11/13/my ... -flourish/

but maybe someone else can.
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Re: Land Ownership And Property

#35  Postby Cito di Pense » Jan 10, 2024 1:28 pm

tuco wrote:"Property and Human Flourishing"


This one didn't manage to write even a single book:

Хлопнут без некролога. -- Серге́й Па́влович Королёв

Translation by Elbert Hubbard: Do not take life too seriously. You're not going to get out of it alive.
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Re: Land Ownership And Property

#36  Postby The_Metatron » Jan 10, 2024 4:26 pm

Are you surprised? If she wrote the way she speaks, no one would buy it. Unless, she knows of a publisher that prints meaningless books for free.

On second thought, no. Even such a publisher wouldn’t bother to print books no one would read. They’d do just as well to print blank books.

I’m unsure that knowledge that has no use has much of a place in society. But, it’s her life and time to waste.
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Re: Land Ownership And Property

#37  Postby Jayjay4547 » Jan 11, 2024 6:32 am

The 19th century American economist cum politician Henry George ("Progress and Poverty") posed the question: with all this marvelous machinery replacing human effort, how come so many people scrabble to just survive? His answer was that early settlers grab ownership of land and then as landlords, screw latecomers for all they can get out of them. His proposed solution was to allow ownership to continue, but to tax only landowners, and to assess tax on the value of the land, what was known as "single tax".

I hope I got that right, it's years since I read that riveting book and I don't know what enduring influence it's had, but it seems to me to make some sense in colonial countries and even in the UK where it is apparently difficult for an ordinary person to acquire freehold ownership, and much of the land is owned through title that goes back to victors in the Norman invasion.
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Re: Land Ownership And Property

#38  Postby Cito di Pense » Jan 11, 2024 8:05 am

Jayjay4547 wrote:His proposed solution was to allow ownership to continue, but to tax only landowners, and to assess tax on the value of the land, what was known as "single tax".


And do what with the revenue? Those who have the assets to buy influence essentially make the government what it is. Such a tax would never be implemented.

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Translation by Elbert Hubbard: Do not take life too seriously. You're not going to get out of it alive.
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Re: Land Ownership And Property

#39  Postby Jayjay4547 » Jan 11, 2024 11:53 am

Cito di Pense wrote:
Jayjay4547 wrote:His proposed solution was to allow ownership to continue, but to tax only landowners, and to assess tax on the value of the land, what was known as "single tax".


And do what with the revenue? Those who have the assets to buy influence essentially make the government what it is. Such a tax would never be implemented.



Yes you may be right. I don't think the idea was ever implemented. But it was intended to recognize and reduce structural inequalities.
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Re: Land Ownership And Property

#40  Postby Evolving » Jan 14, 2024 9:51 am

Cito di Pense wrote:


I had never heard that before. Thank you.
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