Can we have property rights without violence?

Apr 23, JDN 2457867

Most likely, you have by now heard of the incident on a United Airlines flight, where a man was beaten and dragged out of a plane because the airline decided that they needed more seats than they had. In case you somehow missed all the news articles and memes, the Wikipedia page on the incident is actually fairly good.

There is a lot of gossip about the passenger’s history, which the flight crew couldn’t possibly have known and is therefore irrelevant. By far the best take I’ve seen on the ethical and legal implications of the incident can be found on Naked Capitalism, so if you do want to know more about it I highly recommend starting there. Probably the worst take I’ve read is on The Pilot Wife Life, but I suppose if you want a counterpoint there you go.

I really have little to add on this particular incident; instead my goal here is to contextualize it in a broader discussion of property rights in general.

Despite the fact that what United’s employees and contractors did was obviously unethical and very likely illegal, there are still a large number of people defending their actions. Aiming for a Woodman if not an Ironman, the most coherent defense I’ve heard offered goes something like this:

Yes, what United did in this particular case was excessive. But it’s a mistake to try to make this illegal, because any regulation that did so would necessarily impose upon fundamental property rights. United owns the airplane; they can set the rules for who is allowed to be on that airplane. And once they set those rules, they need to be able to enforce them. Sometimes, however distasteful it may be, that enforcement will require violence. But property rights are too important to give up. Would you want to live in a society where anyone could just barge into your home and you were not allowed to use force to remove them?

Understood in this context, United contractors calling airport security to get a man dragged off of a plane isn’t an isolated act of violence for no reason; it is part of a broader conflict between the protection of property rights and the reduction of violence. “Stand your ground” laws, IMF “structural adjustment” policies, even Trump’s wall against immigrants can be understood as part of this broader conflict.

One very far-left approach to resolving such a conflict—as taken by the Paste editorial “You’re not mad at United Airlines; you’re mad at America”—is to fall entirely on the side of nonviolence, and say essentially that any system which allows the use of violence to protect property rights is fundamentally corrupt and illegitimate.

I can see why such a view is tempting. It’s simple, for one thing, and that’s always appealing. But if you stop and think carefully about the consequences of this hardline stance, it becomes clear that such a system would be unsustainable. If we could truly never use violence ever to protect any property rights, that would mean that property law in general could no longer be enforced. People could in fact literally break into your home and steal your furniture, and you’d have no recourse, because the only way to stop them would involve either using violence yourself or calling the police, who would end up using violence. Property itself would lose all its meaning—and for those on the far-left who think that sounds like a good thing, I want you to imagine what the world would look like if the only things you could ever use were the ones you could physically hold onto, where you’d leave home never knowing whether your clothes or your food would still be there when you came back. A world without property sounds good if you are imagining that the insane riches of corrupt billionaires would collapse; but if you stop and think about coming home to no food and no furniture, perhaps it doesn’t sound so great. And while it does sound nice to have a world where no one is homeless because they can always find a place to sleep, that may seem less appealing if your home is the one that a dozen homeless people decide to squat in.

The Tragedy of the Commons would completely destroy any such economic system; the only way to sustain it would be either to produce such an enormous abundance of wealth that no amount of greed could ever overtake it, or, more likely, somehow re-engineer human brains so that greed no longer exists. I’m not aware of any fundamental limits on greed; as long as social status increases monotonically with wealth, there will be people who try to amass as much wealth as they possibly can, far beyond what any human being could ever actually consume, much less need. How do I know this? Because they already exist; we call them “billionaires”. A billionaire, essentially by definition, is a hoarder of wealth who owns more than any human being could consume. If someone happens upon a billion dollars and immediately donates most of it to charity (as J.K. Rowling did), they can escape such a categorization; and if they use the wealth to achieve grand visionary ambitions—and I mean real visions, not like Steve Jobs but like Elon Musk—perhaps they can as well. Saving the world from climate change and colonizing Mars are the sort of projects that really do take many billions of dollars to achieve. (Then again, shouldn’t our government be doing these things?) And if they just hold onto the wealth or reinvest it to make even more, a billionaire is nothing less than a hoarder, seeking gratification and status via ownership itself.

Indeed, I think the maximum amount of wealth one could ever really need is probably around $10 million in today’s dollars; with that amount, even a very low-risk investment portfolio could supply enough income to live wherever you want, wear whatever you want, drive whatever you want, eat whatever you want, travel whenever you want. At even a 5% return, that’s $500,000 per year to spend without ever working or depleting your savings. At 10%, you’d get a million dollars a year for sitting there and doing nothing. And yet there are people with one thousand times as much wealth as this.

But not all property is of this form. I was about to say “the vast majority” is not, but actually that’s not true; a large proportion of wealth is in fact in the form of capital hoarded by the rich. Indeed, about 50% of the world’s wealth is owned by the richest 1%. (To be fair, the world’s top 1% is a broader category than one might think; the top 1% in the world is about the top 5% in the US; based on census data, that puts the cutoff at about $250,000 in net wealth.) But the majority of people have wealth in some form, and would stand to suffer if property rights were not enforced at all.

So we might be tempted to the other extreme, as the far-right seems to be, and say that any force is justified in the protection of fundamental property rights—that if vagrants step onto my land, I am well within my rights to get out my shotgun. (You know, hypothetically; not that I own a shotgun, or, for that matter, any land.) This seems to appeal especially to those who nostalgize the life on the frontier, “living off the land” (often losing family members to what now seem like trivial bacterial illnesses), “self-sufficient” (with generous government subsidies), in the “unspoiled wilderness” (from which the Army had forcibly removed Native Americans). Westerns have given us this sense that frontier life offers a kind of freedom and adventure that this urbane civilization lacks. And I suppose I am a fan of at least one Western, since one should probably count Firefly.

Yet of course this is madness; no civilization could survive if it really allowed people to just arbitrarily “defend” whatever property claims they decided to make. Indeed, it’s really just the flip side of the coin; as we’ve seen in Somalia (oh, by the way, we’re deploying troops there again), not protecting property and allowing universal violence to defend any perceived property largely amount to the same thing. If anything, the far-left fantasy seems more appealing; at least then we would not be subject to physical violence, and could call upon the authorities to protect us from that. In the far-right fantasy, we could accidentally step on what someone else claims to be his land and end up shot in the head.

So we need to have rules about who can use violence to defend what property and why. And that, of course, is complicated. We can start by having a government that defines property claims and places limits on their enforcement; but that still leaves the question of which sort of property claims and enforcement mechanisms the government should allow.

I think the principle should essentially be minimum force. We do need to protect property rights, yes; but if there is a way of doing so without committing violence, that’s the way we should do it. And if we do need to use violence, we should use as little as possible.

In theory we already do this: We have “rules of engagement” for the military and “codes of conduct” for police. But in practice, these rules are rarely enforced; they only get applied to really extreme violations, and sometimes not even then. The idea seems to be that enforcing strict rules on our soldiers and police officers constitutes disloyalty, even treason. We should “let them do their jobs”. This is the norm that must change. Those rules are their jobs. If they break those rules, they aren’t doing their jobs—they’re doing something else, something that endangers the safety and security of our society. The disloyalty is not in investigating and enforcing rules against police misconduct—the disloyalty is in police misconduct. If you want to be a cop but you’re not willing to follow the rules, you don’t actually want to be a cop—you want to be a bully with a gun and a badge.

And of course, one need not be a government agency in order to use excessive force. Many private corporations have security forces of their own, which frequently abuse and assault people. Most terrifying of all, there are whole corporations of “private military contractors”—let’s call them what they are: mercenaries—like Academi, formerly known as Blackwater. The whole reason these corporations even exist is to evade regulations on military conduct, and that is why they must be eliminated.

In the United case, there was obviously a nonviolent answer; all they had to do was offer to pay people to give up their seats, and bid up the price until enough people left. Someone would have left eventually; there clearly was a market-clearing price. That would have cost $2,000, maybe $5,000 at the most—a lot better than the $255 million lost in United’s stock value as a result of the bad PR.

If a homeless person decides to squat in your house, yes, perhaps you’d be justified in calling the police to remove them. Clearly you’re under no obligation to provide them room and board indefinitely. But there may be better solutions: Is there a homeless shelter in the area? Could you give them a ride there, or at least bus fare?

When immigrants cross our borders, may we turn them away? Now, here’s one where I’m pretty strongly tempted to go all the way and say we have no right whatsoever to stop them. There are no requirements for being born into citizenship, after all—so on what grounds do we add requirements to acquire citizenship? Is there something in the water of the Great Lakes and the Mississippi River that, when you drink it for 18 years (processed by municipal water systems of course; what are we, barbarians?), automatically makes you into a patriotic American? Does one become more law-abiding, or less capable of cruelty or fanaticism, by being brought into the world on one side of an imaginary line in the sand? If there are going to be requirements for citizenship, shouldn’t they be applied to everyone, and not just people who were born in the wrong place?

Yes, when we have no other choice, we must be prepared to use violence to defend property—because otherwise, there’s no such thing as property. But more often than not, we use violence when we didn’t need to, or use much more violence than was actually necessary. The principle that violence can be justified in defense of property does not entail that any violence is always justified in defense of property.

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