A person, any person, anywhere or when, has an absolute moral claim -- a natural right -- to his, and no one else's, life, liberty, and property.
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Alexiev wrote: ↑Sun Oct 06, 2024 6:26 pm
Robinson Crusoe lives alone on an island. He claims the island as his "property". A shipwreck causes 30 more people to swim to the island. "You can't stay here. It's mine," shouts Robinson. Does he have a "right" to assert these "property rights" (which will cause the ship wrecked sailors to drown)? Wouldn't asserting his property rights conflict with the law of magnanimity, and with the rights to life and liberty of the sailors?
RC may have a claim on the island (he doesn't as I'll explain) but he has no claim on the sailors. He cannot morally demand they sacrifice themselves (their lives) becuz they've merely set foot on his island. His natural rights cannot trump theirs. They are co-equal. They are stymied as neither side has the moral ace card.
But then, he has no claim to the whole of the island to begin with.
How is property morally acquired? Thru fair and voluntary trade (not applicable here [RC is a castaway himself]), thru inheritance, or thru direct labor or labor thru proxy. Certainly, RC can justly expel the sailors from the hut he built or the garden he planted or the fishery where he laid his traps. He can justly deny the sailors access to his clothes, his tools, and his sundries. But unless he's mixed his labor with the whole of the island (cultivated every foot of it, put his mark on all the animals) he has no moral claim to all of it.
Now, someone might point out there's nuthin' in
a person, any person, anywhere or when, has an absolute moral claim -- a natural right -- to his, and no one else's, life, liberty, and property that is about acquiring property. There is: follow my reasoning...
A person's property (Joe's car, for example) can't be acquired morally except thru a fair and voluntary transaction or inheritance. If I want Joe's car I have to meet his price or be among his favored. Creating property is, I think, self-explanatory. I take lumber I've harvested with permission or from unclaimed woodland and build a ladderback chair. It's mine to use, to sell, to give away, or destroy. If Wally wants to morally claim my chair he'll have to meet my price.
The King claims his entire country as his property, by divine right. Robin Hood is starving and shoots a deer on the King's property. Does the king have a natural right to have Robin Hood hanged?
Unless the King, or government, has fairly transacted for the land or personally (or by proxy) invested labor into the unclaimed land, the claim is not legit. Robin hasn't stolen and ought not hang. Going further: the king, or government, is illegitimate. Only those who have consented to be ruled or governed can be. Those who deny consent or withdraw consent cannot be. To say otherwise is to deny those who deny or withdraw consent their own lives, liberties, and properties. This is called slavery.
A man owns slaves. They are his property, by law and because he paid for them. Don't his property rights conflict with their right to liberty? How is this conflict to be adjudicated?
One person cannot morally own another. To lay claim to another is to deny him his own life, liberty, and property.
How can a man have a natural moral claim to property when property is defined differently in different cultures, countries and clans? If one lives in a small, hunting and gathering clan, what do such "rights' consist of? If you live in a communist country?
By way of legislation all manner of natural rights abuse is sanctioned thus rendering the legislation and legislators immoral. Even in the most primitive of communities private property was respected (my bow, my knife, my hut, my paints, my talisman, my turtle shell, etc.). Even in the old Soviet Union, personal possessions were squirreled away to preserve them from the authorities who had no claim in those things (the authorities didn't buy, build, or inherit).
So RC's, the King's, the slaver's, the community's, and the State's claims are not examples of natural rights gone wrong but are instead examples of natural rights denied.
As I say: there's no way to use natural rights as a justification for murder, rape, slavery, theft, and fraud while preserving the original meaning of
natural rights.