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.

The Expanse gets the science right—including the economics

JDN 2457502

Despite constantly working on half a dozen projects at once (literally—preparing to start my PhD, writing this blog, working at my day job, editing a novel, preparing to submit a nonfiction book, writing another nonfiction book with three of my friends as co-authors, and creating a card game—that’s seven actually), I do occasionally find time to do things for fun. One I’ve been doing lately is catching up on The Expanse on DVR (I’m about halfway through the first season so far).

If you’re not familiar with The Expanse, it has been fairly aptly described as Battlestar Galactica meets Game of Thrones, though I think that particular comparison misrepresents the tone and attitudes of the series, because both BG and GoT are so dark and cynical (“It’s a nice day… for a… red wedding!”). I think “Star Trek meets Game of Thrones” might be better actually—the extreme idealism of Star Trek would cancel out the extreme cynicism of Game of Thrones, with the result being a complex mix of idealism and cynicism that more accurately reflects the real world (a world where Mahatma Gandhi and Adolf Hitler lived at the same time). That complex, nuanced world (or should I say worlds?) is where The Expanse takes place. ST is also more geopolitical than BG and The Expanse is nothing if not geopolitical.

But The Expanse is not just psychologically realistic—it is also scientifically and economically realistic. It may in fact be the hardest science fiction I have ever encountered, and is definitely the hardest science fiction I’ve seen in a television show. (There are a few books that might be slightly harder, as well as some movies based on them.)

The only major scientific inaccuracy I’ve been able to find so far is the use of sound effects in space, and actually even these can be interpreted as reflecting an omniscient narrator perspective that would hear any sounds that anyone would hear, regardless of what planet or ship they might be on. The sounds the audience hears all seem to be sounds that someone would hear—there’s simply no particular person who would hear all of them. When people are actually thrown into hard vacuum, we don’t hear them make any noise.

Like Firefly (and for once I think The Expanse might actually be good enough to deserve that comparison), there is no FTL, no aliens, no superhuman AI. Human beings are bound within our own solar system, and travel between planets takes weeks or months depending on your energy budget. They actually show holograms projecting the trajectory of various spacecraft and the trajectories actually make good sense in terms of orbital mechanics. Finally screenwriters had the courage to give us the terrifying suspense and inevitability of an incoming nuclear missile rounding a nearby asteroid and intercepting your trajectory, where you have minutes to think about it but not nearly enough delta-v to get out of its blast radius. That is what space combat will be like, if we ever have space combat (as awesome as it is to watch, I strongly hope that we will not ever actually do it). Unlike what Star Trek would have you believe, space is not a 19th century ocean.

They do have stealth in space—but it requires technology that even to them is highly advanced. Moreover it appears to only work for relatively short periods and seems most effective against civilian vessels that would likely lack state-of-the-art sensors, both of which make it a lot more plausible.

Computers are more advanced in the 2200s then they were in the 2000s, but not radically so, at most a million times faster, about what we gained since the 1980s. I’m guessing a smartphone in The Expanse runs at a few petaflops. Essentially they’re banking on Moore’s Law finally dying sometime in the mid 21st century, but then, so am I. Perhaps a bit harder to swallow is that no one has figured out good enough heuristics to match human cognition; but then, human cognition is very tightly optimized.

Spacecraft don’t have artificial gravity except for the thrust of their engines, and people float around as they should when ships are freefalling. They actually deal with the fact that Mars and Ceres have lower gravity than Earth, and the kinds of health problems that result from this. (One thing I do wish they’d done is had the Martian cruiser set a cruising acceleration of Mars-g—about 38% Earth-g—that would feel awkward and dizzying to their Earther captives. Instead they basically seem to assume that Martians still like to use Earth-g for space transit, but that does make some sense in terms of both human health and simply transit time.) It doesn’t seem like people move around quite awkwardly enough in the very low gravity of Ceres—which should be only about 3% Earth-g—but they do establish that electromagnetic boots are ubiquitous and that could account for most of this.

They fight primarily with nuclear missiles and kinetic weapons, and the damage done by nuclear missiles is appropriately reduced by the fact that vacuum doesn’t transmit shockwaves. (Nuclear missiles would still be quite damaging in space by releasing large amounts of wide-spectrum radiation; but they wouldn’t cause the total devastation they do within atmosphere.) Oddly they decided not to go with laser weapons as far as I can tell, which actually seems to me like they’ve underestimated advancement; laser weapons have a number of advantages that would be particularly useful in space, once we can actually make them affordable and reliable enough for widespread deployment. There could also be a three-tier system, where missiles are used at long range, railguns at medium range, and lasers at short range. (Yes, short range—the increased speed of lasers would be only slight compared to a good railgun, and would be more than offset by the effect of diffraction. At orbital distances, a laser is a shotgun.) Then again, it could well work out that railguns are just better—depending on how vessels are structured, puncturing their hulls with kinetic rounds could well be more useful than burning them up with infrared lasers.

But I think what really struck me about the realism of The Expanse is how it even makes the society realistic (in a way that, say, Firefly really doesn’t—we wanted a Western and we got a Western!).

The only major offworld colonies are Mars and Ceres, both of which seem to be fairly well-established, probably originally colonized as much as a century ago. Different societies have formed on each world; Earth has largely united under the United Nations (one of the lead characters is an undersecretary for the UN), but meanwhile Mars has split off into its own independent nation (“Martian” is now an ethnicity like “German” rather than meaning “extraterrestrial”), and the asteroid belt colonists, while formally still under Earth’s government, think of themselves as a different culture (“Belters”) and are seeking independence. There are some fairly obvious—but deftly managed rather than heavy-handed—parallels between the Belter independence movement and real-world independence movements, particularly Palestine (it’s hard not to think of the PLO when they talk about the OPA). Both Mars and the Belt have their own languages, while Earth’s languages have largely coalesced around English as the language of politics and commerce. (If the latter seems implausible, I remind you that the majority of the Internet and all international air traffic control are in English.) English is the world’s lingua franca (which is a really bizarre turn of phrase because it’s the Latin for French).

There is some of the conniving and murdering of Game of Thrones, but it is at a much more subdued level, and all of the major factions display both merits and flaws. There is no clear hero and no clear villain, just conflict and misunderstanding between a variety of human beings each with their own good and bad qualities. There does seem to be a sense that the most idealistic characters suffer for their idealism much as the Starks often do, but unlike the Starks they usually survive and learn from the experience. Indeed, some of the most cynical also seem to suffer for their cynicism—in the episode I just finished, the grizzled UN Colonel assumed the worst of his adversary and ended up branded “the butcher of Anderson Station”.

Cost of living on Ceres is extraordinarily high because of the limited living space (the apartments look a lot like the tiny studios of New York or San Francisco), and above all the need to constantly import air and water from Earth. A central plot point in the first episode is that a ship carrying comet ice—i.e., water—to Ceres is lost in a surprise attack by unknown adversaries with advanced technology, and the result is a deepening of an already dire water shortage, exacerbating the Belter’s craving for rebellion.

Air and water are recyclable, so it wouldn’t be that literally every drink and every breath needs to be supplied from outside—indeed that would clearly be cost-prohibitive. But recycling is never perfect, and Ceres also appears to have a growing population, both of which would require a constant input of new resources to sustain. It makes perfect sense that the most powerful people on Ceres are billionaire tycoons who own water and air transport corporations.

The police on Ceres (of which another lead character is a detective) are well-intentioned but understaffed, underfunded and moderately corrupt, similar to what we seem to find in large inner-city police departments like the NYPD and LAPD. It felt completely right when they responded to an attempt to kill a police officer with absolutely overwhelming force and little regard for due process and procedure—for this is what real-world police departments almost always do.

But why colonize the asteroid belt at all? Mars is a whole planet, there is plenty there—and in The Expanse they are undergoing terraforming at a very plausible rate (there’s a moving scene where a Martian says to an Earther, “We’re trying to finish building our garden before you finish paving over yours.”). Mars has as much land as Earth, and it has water, abundant metals, and CO2 you could use to make air.Even just the frontier ambition could be enough to bring us to Mars.

But why go to Ceres? The explanation The Expanse offers is a very sensible one: Mining, particularly so-called “rare earth metals”. Gold and platinum might have been profitable to mine at first, but once they became plentiful the market would probably collapse or at least drop off to a level where they aren’t particularly expensive or interesting—because they aren’t useful for very much. But neodymium, scandium, and prometheum are all going to be in extremely high demand in a high-tech future based on nuclear-powered spacecraft, and given that we’re already running out of easily accessible deposits on Earth, by the 2200s there will probably be basically none left. The asteroid belt, however, will have plenty for centuries to come.

As a result Ceres is organized like a mining town, or perhaps an extractive petrostate (metallostate?); but due to lightspeed interplanetary communication—very important in the series—and some modicum of free speech it doesn’t appear to have attained more than a moderate level of corruption. This also seems realistic; the “end-of-history” thesis is often overstated, but the basic idea that some form of democracy and welfare-state capitalism is fast becoming the only viable model of governance does seem to be true, and that is almost certainly the model of governance we would export to other planets. In such a system corruption can only get so bad before it is shown on the mass media and people won’t take it anymore.

The show doesn’t deal much with absolute dollar (or whatever currency) numbers, which is probably wise; but nominal incomes on Ceres are likely extremely high even though the standard of living is quite poor, because the tiny living space and need to import air and water would make prices (literally?) astronomical. Most people on Ceres seem to have grown up there, but the initial attraction could have been something like the California Gold Rush, where rumors of spectacularly high incomes clashed with similarly spectacular expenses incurred upon arrival. “Become a millionaire!” “Oh, by the way, your utility bill this month is $112,000.”

Indeed, even the poor on Ceres don’t seem that poor, which is a very nice turn toward realism that a lot of other science fiction shows seem unprepared to make. In Firefly, the poor are poor—they can barely afford food and clothing, and have no modern conveniences whatsoever. (“Jaynestown”, perhaps my favorite episode, depicts this vividly.) But even the poor in the US today are rarely that poor; our minimalistic and half-hearted welfare state has a number of cracks one can fall through, but as long as you get the benefits you’re supposed to get you should be able to avoid starvation and homelessness. Similarly I find it hard to believe that any society with high enough productivity to routinely build interstellar spacecraft the way we build container ships would not have at least the kind of welfare state that provides for the most basic needs. Chronic dehydration is probably still a problem for Belters, because water would be too expensive to subsidize in this way; but they all seem to have fairly nice clothes, home appliances, and smartphones, and that seems right to me. At one point a character loses his arm, and the “cheap” solution is a cybernetic prosthetic—the “expensive” one would be to grow him a new arm. As today but perhaps even more so, poverty in The Expanse is really about inequality—the enormous power granted to those who have millions of times as much as others. (Another show that does this quite well, though is considerably softer as far as the physics, is Continuum. If I recall correctly, Alec Sadler in 2079 is literally a trillionaire.)

Mars also appears to be a democracy, and actually quite a thriving one. In many ways Mars appears to be surpassing Earth economically and technologically. This suggests that Mars was colonized with our best and brightest, but not necessarily; Australians have done quite well for themselves despite being founded as a penal colony. Mars colonization would also have a way of justifying their frontier idealism that no previous frontiers have granted: No indigenous people to displace, no local ecology to despoil, and no gifts from the surrounding environment. You really are working entirely out of your own hard work and know-how (and technology and funding from Earth of course) to establish a truly new world on the open and unspoiled frontier. You’re not naive or a hypocrite, it’s the real truth. That kind of realistic idealism could make the Martian Dream a success in ways even the American Dream never quite was.

In all it is a very compelling series, and should appeal to people like me who crave geopolitical nuance in fiction. But it also has its moments of huge space battles with exploding star cruisers, so there’s that.