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“Property” is a concept concerning the relationship of people to one another regarding objects that have value. It refers to who is included in the circle of people with a legal right to utilize or dispose of the object(s) in question, and who is excluded. The object, at least in any direct sense, is unaffected by these relationships (of course, it may be affected in terms of how it is utilized, destroyed or exhausted). While at first glance it might appear that property rights define the relationship between individuals and objects (both tangible and intangible), it really defines relationships among people by identifying who can and can’t exclude which others from access to or utilization of those objects (sometimes with the assistance of third parties authorized to enforce these rights).
Two essential truths about property are in tension with one another:
1) A market economy depends on well-defined property rights, and preferably extensive private property rights (in which the right to access and to exclude others from access is vested in a single individual), and a hybrid, predominantly market economy is the most robust producer and distributor of wealth yet discovered; and
2) Property is theft, especially historically.
Most Americans bristle at the second observation, usually assuming that it implies a denial of the first, even when both are stated. But the second observation is clearly accurate, though a bit paradoxical itself (how can property be “theft,” if “theft” presupposes the existence of property?). As a “first cause,” when a human being or group of human beings first encounters land or other objects that they lay claim to, this is the creation of property. Calling this first encounter “theft” is a bit of a stretch: It can be depicted as “theft” from all other would-be claimants, since it is held by force against others unable to exert superior force, such that its possession isn’t a function of first encounter, but rather a function of greater might. But the “theft” really occurs once the force is exerted.
For the sake of argument, let’s consider this first creation of property to be the one instance in which property is not theft; if those who encounter first can hold it, let’s say they are entitled to do so. All other involuntary transfers, when someone takes property by force from another, can then be considered “theft,” and any subsequent transfers of such stolen property can be considered exactly that.
From prehistory into the modern age, territories have been possessed, defended, conquered, and expanded primarily by means of force. Probably no current tract of land is possessed primarily by the decendents of those who first encountered it. Probably every or virtually every current tract of land is either possessed by someone who is descended from, or was originally purchased from someone who was descended from, some individual or group who took that land from others by force. Thus, all land is stolen property.
There is a line from my novel, set in an ancient civilization, in which a warrior of non-noble birth who is leading an up-start army against the nobles of his own land tells his gathered soldiers before the decisive battle, “if we lose this battle, the nobles will shackle us in chains and label us criminals for doing ourselves what their great-grandfathers did for them.”
It’s not difficult to extrapolate from this objects other than land, since such objects are ultimately derived from the land in various ways (from mined ores, logged timber, and so on). If the land on which resources are found is all stolen property, then the resources exploited upon it are as well.
But that is then and this is now: Given that well-defined property rights, and particularly private property rights, are a cornerstone of a robust economy from which everyone, to varying degrees, benefits (in relation to the alternatives), what difference does it make? The difference it makes is that we stop pretending that property is a god-given right, and that its distribution at any given moment can be defended as somehow inherently just. Of all of the virtues that private property legitimately can be defended as providing, fairness is not, and never has been, one of them.
One of the defining characteristics of private property is the right to give it to whom one wishes at any time, including the right to devise to whom one wishes upon one’s own death. That means that people are born into an inequitable distribution of originally stolen property. Every baby at birth is born into a property-context not of their own making, not to their own credit or fault, which yet determines a great deal of what their opportunities will be. Such determinations are not just due to the direct material implications of the differential property-contexts into which people are born, but also into complex consequences of the property differentials, such as social and professional networks that parents have, the traditions and habits and attitudes associated with the possession and preservation of property that they transmit through socialization, and so on.
Many on the right today want to pretend that the persistent disproportionate poverty of some categories of people –most notably, Native Americans and African Americans– is due to failures of their own. But, while there are complex mechanisms by which this occurs, it is clear that the First Cause of that persistent disproportionate poverty is the fact that people from these categories are born into long chains of unpropertied lineage, chains that began with the theft of the land from those who occupied it when the Europeans arrived, and the importation and conversion of others from another land into property themselves.
There is another complexity, perhaps more salient but even less obvious, that renders the conceptualization of private property as inherently just and equitable a ruse to protect what is in fact quite unjust and inequitable: The fact that property, and wealth, are produced by social processes that involve complex, articulated in-puts and result in socially institutionalized distributions of the product of those processes. In other words, the political economy by which we produce and distribute wealth doesn’t distribute it fundamentally on the basis of merit, as some conveniently mythologize it to be, but rather on the basis of privilege, as has been the case throughout human history.
This system of distribution primarily on the basis of privilege functions through a variety of mechanisms. One such mechanism is that the occupations that receive the highest remuneration are the occupations that require the longest education. Since such education is expensive, it is more easily accessed by those who have the money to invest in it. Since wealth is inherited, and few have earned much on their own prior to entering into such advanced education, it is the wealth of one’s parents that determines the ease of access to the educational opportunities which position one to remain wealthy in the future.
But there are subtler aspects of this system as well, subtler mechanisms embedded within it. Not only are inequitably distributed material endowments transmitted from generation to generation, but so too are the inequitably distributed skill sets and cultural adaptations that are associated with that inequitable distribution of material endowments. Parents teach children how to cope with the world that the parents encountered and understood, and, even as times and opportunity structures change, the sub-cultural adaptations to past circumstances remain embedded in the lineage of socialization transmitted from generation to generation.
While some social mobility exists, and some individuals rise out of the most opportunity-deprived circumstances to achieve phenomenal success against the odds, the actual statistical rates of social mobility are far lower than what many imagine them to be, and the exceptional cases both fewer and less accessible than many imagine them to be. For every exceptional case, there are some set of particular circumstances that applied in that case to make it exceptional (e.g., the good fortune to find an exceptional mentor, an unsually fortuitous genetic endowment, etc.). The underlying fact remains that the opportunities available, on average and in the aggregate, between those born into poverty and those born into wealth are inequitably and unjustly distributed.
So the challenge becomes how to preserve the robustness of markets, which depend on the existence of private property, and at the same time mitigate the inequities and injustices inherent in the existence of private property. This is really what the development of the wealthiest nations, particularly over the last 80 or so years, has been all about: Spiralling toward some balance of robust markets dependent on clearly defined private property rights, and administrative interventions that both preserve the health of those markets and increase the equity of opportunity faced by members of society despite the inequities inherent in private property rights. (The fact that such interventions not only can be used to increase the justness of distribution, but also are necessary to maintaining the functioning of the market economies at all, is evident throughout the historical record, in which periods of underregulation have led to spikes in the concentration of wealth followed by catastrophic market collapses, most notably in 1929 and 2008.)
Though the two necessary functions of government in a modern predominantly market economy (i.e., preserving the efficiency and well-functioning of markets, on the one hand, and increasing the equitability of the distribution of opportunities and benefits produced by those markets, on the other) are closely intertwined, I am focusing only on the latter in this essay. The question is how best to mitigate the inequities of markets without undermining them (and, indeed, whenver possible, enhancing and invigorating them).
There are two areas which rise to the fore: 1) Improving real access to education, at all levels; and 2) heavily taxing inheritance. In fact, education, at all levels, should be completely publicly funded, and the way in which it can be completely publicly funded is through inheritance taxes with gradually rising marginal rates approaching 100% at the extreme heights of personal wealth. Obviously, this is politically impossible in America today, but is approximated in most other developed nations to varying degrees, with unambiguously beneficial results.
There is more involved in improving real access to education than simply making it free to all at all levels. It would also involve community development and related up-front investments which would increase the ability of those who are currently born into lower socio-economic strata to succeed in school, so that the opportunity available is a real one rather than merely a formal one. That is something I discuss in my essays on education (see. e.g., Education Policy Ideas, Real Education Reform , Mistaken Locus of Education Reform, School Vouchers, Pros & Cons, West Generation Academy, American Universities: Two Dimensions on which to Improve).
However we move forward, however we address the myriad challenges and opportunities facing us, it’s time we did so by letting go of the mythologies which insulate social injustice from scrutiny, and instead confronted our world and our social systems as they are, with both strengths and weaknesses, both virtues and shortcomings. There is much that works well and should be defended, preserved, and built upon. And there is much that doesn’t, which should be examined, analyzed, addressed, and improved upon. That is what the human endeavor is all about.
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For those who haven’t figured it out yet, I believe that we live in a fundamentally systemic reality, that increasing both our understanding of the nature of those systems and our application of that understanding to the challenges and opportunities we face, in service to reason and goodwill, is what defines, or should define, the collective human endeavor. If all human beings, or all Americans, or all Coloradans, agreed with this simple proposition today, the enormity of the challenge would still loom before us like a mountain to be scaled, but one we would be able to scale, to our immense benefit. But in a world in which so many people are so irrationally, or self-interestedly, resistent even to getting to this starting point, that mountain recedes beyond moats and fortified walls, hordes of armed and angry sentries attacking those who even gesture toward, much less try to approach, those heights or our potential.
We not only need to analyze the interactions of our social institutions, technologies, and natural systems in the pursuit of an ever-more robust, sustainable, and equitable production and distribution of human welfare, but we also have to analyze the nature of the human obstinance and ignorance that stands between those of us committed to addressing these inherent challenges, and our collective ability to do so. And we need to discern the strategies for circumventing that obstruction.
Politics, which should be the execution of the process we’ve created for acting collectively to our collective benefit, has devolved instead into a shouting match over whether there is any collective benefit to be pursued, and whether the process is one which is meant to bind us together at all. It has been hijacked completely, not by competing views of which analytical tools to employ, or which balance of interests to favor, but rather by those loud and angry mobs that insist we should not engage in the challenge at all, that there is no need, that since (in their view) it was not the will of those who designed our system of self-governance that we govern ourselves, any attempt to do so is an affront to the immutable authority of the ideologues’ misinterpretation of the will of people who died two centuries ago.
On one level, this is nothing new or exceptional. Politics has long, if not always, been held hostage by the need to trade in raw power, to manipulate masses by mobilizing resources. There have always been those, perhaps always a majority of those actively involved, who have not asked “what best serves the public interest?” but rather only “what best serves my interests?” Those who ask the former have always been trapped in the battle against those who ask the latter, while the latter have been trapped in battle against one another. The form of systems analysis that evolves in this context is the one that addresses itself to political victory rather than to social problem solving. It has thus far been an inherent dilemma.
But there are times and places when this perennial dysfunctionality is eclipsed by a deeper incarnation of its underlying logic, both a response to it and a culmination of that logic. In such circumstances, the political morass is no longer defined by a battle of competing self-interests and commitments to the public welfare. Instead, it is defined by a combination of competing self-interests and a battle between those who fight for the public interest, on the one hand, and an uneasy alliance of self-interested power and misguided ignorance, on the other.
We are in such a condition now, in this country. Despite the erosion in recent decades of social institutions which have served the interests of the many and diminished the distance between their welfare and the welfare of the most privileged few, a robust populist movement exists in America which mistakenly believes that that erosion was to their benefit, that it’s continuation and acceleration serves the greatest good, that it facilitates some mystical function or value that is absolutely inviolable.
The alliance of self-interested power and misguided ignorance is an uneasy one because the populist movement in question (The Tea Party) is not a reliable partner. In its fanatical commitment to a clear, simplistic ideal divorced from analysis, from any cause-and-effect considerations, it threatens not only to undermine the ability of the many to continue to refine our social institutional framework to increase equality and social justice, but also undermines the basic functionality of our political economy altogether, promising to decrease the wealth and welfare of rich and poor alike. The politically self-interested wealthy (those who seek policies which protect their wealth) try to co-opt this movement, but also try to recover their party from its clutches, unable to do either effectively
The most pressing systemic challenge we face in this country today is the one imposed by this mass delusion, one which not only undermines the interests of those who fall prey to it, but also the interests of those who don’t. The great, overwhelming frustration of human existence is the recognition that we are capable of doing so much better, if only we all agreed to, if not join in the effort to do so, at least refrain from obstructing those who do.
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