[kyralis]

Property rights inherently derive from the state. Unless you subscribe to "might makes right", the idea of property rights is inherently a social construct which the state is a formalization of.

Limitations on rights is precisely the foundation of any society. To claim otherwise is just the semantic game of "oh, I don't mean those rights".

[martindale]

Property rights are intrinsic to our natural self-sovereignty (and agency). The State cannot grant rights.

[kyralis]

Oh? I have an intrinsic right to the land that I currently own, the car in my driveway, and the computer I'm typing this on? How did that intrinsic right derive? And why don't I have an intrinsic right to, say, the land of the entire continent of North America?

Property rights are entirely a social construct. They are not intrinsic; they are created and granted solely via the formalizations of that social contract in the form of the state.

[chordalkeyboard]

> Property rights inherently derive from the state.

This is not true, property rights are the human incarnation of territoriality which is exhibited by many species.

> Unless you subscribe to "might makes right", the idea of property rights is inherently a social construct which the state is a formalization of.

The state is a formalization of a particular social construct that is not identical to property rights.

> Limitations on rights is precisely the foundation of any society.

Do you have any support for this statement? It seems to contradict your earlier assertions and despite that I'm not sure how it would be true on its own.

> To claim otherwise is just the semantic game of "oh, I don't mean those rights".

Well, I don't think its a meaningless semantic argument for people to discuss what specifically is referred to by "rights." If you think people have a right to steal food out of other people's homes then I can see why you would think the government was a necessary limitation on that "right." But I think its a reasonable response to say "there is no right to steal food from other people" and then we can discuss what is and is not a right, which is much closer to a necessary conversation than a game (when conducted by sincere interlocutors).

[Volundr]

> This is not true, property rights are the human incarnation of territoriality which is exhibited by many species.

And those species lose their territory as soon as a bigger, meaner creature wants it. Their "right" to their territory is only as strong as their personal ability to protect it. No one else will help them.

Unless that's what your advocating for when you talk about property rights, then rights absolutely do come from the state. Most of us think property rights mean what's mine is mine no matter who wants it, not that I lose it as soon as someone takes it from me or hires someone to do so.

[chordalkeyboard]

> And those species lose their territory as soon as a bigger, meaner creature wants it. Their "right" to their territory is only as strong as their personal ability to protect it. No one else will help them.

Indeed, and the same for the state.

> Unless that's what your advocating for when you talk about property rights,

I'm not advocating for anything, just correcting some misconceptions.

> then rights absolutely do come from the state.

No, they do not. Rights are a social fiction that arises from mutual cooperation and are continued through repetition and intentional performance. It is true that actors whose actions are colored by state power can participate disproportionately in this process of evolving norms.

> Most of us think property rights mean what's mine is mine no matter who wants it, not that I lose it as soon as someone takes it from me or hires someone to do so.

Yes because the norm of property requires that theft, robbery, and things of that nature are violations of that norm.

[kyralis]

> Rights are a social fiction that arises from mutual cooperation

aka, the state. The formalization of the social fiction.

[chordalkeyboard]

> aka, the state. The formalization of the social fiction.

No, rights. the state is distinguishable from rights. They are both social fictions but they are not the same social fiction.

[cycomanic]

> > Property rights inherently derive from the state.

> This is not true, property rights are the human incarnation of territoriality which is exhibited by many species.

Do you have proof for that? I mean that is a pretty sweeping statement, and I can think of a lot of counter examples.

> > Unless you subscribe to "might makes right", the idea of property rights is inherently a social construct which the state is a formalization of.

> The state is a formalization of a particular social construct that is not identical to property rights.

Sure but that isn't a contradiction to what the OP said. He did not say the state is identical to property rights.

> > Limitations on rights is precisely the foundation of any society.

> Do you have any support for this statement? It seems to contradict your earlier assertions and despite that I'm not sure how it would be true on its own.

> > To claim otherwise is just the semantic game of "oh, I don't mean those rights".

> Well, I don't think its a meaningless semantic argument for people to discuss what specifically is referred to by "rights." If you think people have a right to steal food out of other people's homes then I can see why you would think the government was a necessary limitation on that "right." But I think its a reasonable response to say "there is no right to steal food from other people" and then we can discuss what is and is not a right, which is much closer to a necessary conversation than a game (when conducted by sincere interlocutors).

But you don't specify what a right is either. In fact you earlier said it's incarnation of territoriality. How can that be a right? I mean maybe a desire, but a desire is very different to a right.

[chordalkeyboard]

> Do you have proof for that? I mean that is a pretty sweeping statement, and I can think of a lot of counter examples.

I'm not sure what proof (or evidence really) would be required. You can observe animal territoriality in the wild, or you can trust animal behaviorists to report on it accurately. They have areas they defend against other members of the same species. Behavior varies widely, solitary species don't like any other members of their species (except for sexual partners), social species have different arrangements. Sometimes an elder male will have several females and young that are permitted and when the young get big enough they either leave or fight. Sometimes the males will have a hierarchy and defend the territory against other members of the species who are not part of their group. Sometimes they even make war on another group for their territory. If you let me know what kind of evidence you're looking for I might be able to supply it.

> Sure but that isn't a contradiction to what the OP said. He did not say the state is identical to property rights.

He said that state is a formalization of the social construct of property rights. I'm saying the state is not a formalization of the social construct of property rights, but a social construct of nation and government; and that the two have relation but exist independently of each other.

> But you don't specify what a right is either. In fact you earlier said it's incarnation of territoriality. How can that be a right? I mean maybe a desire, but a desire is very different to a right.

Excellent question, thanks for asking. Rights are a social construct that emerges from mutual cooperation, essentially a social technology that allows people to co-exist and pursue their own interests and desires without needing to establish the same agreements with every individual and without generating unnecessary conflict. This is to say that rights are emergent and arise from individuals agreeing to respect each other.

Perhaps an example would help: I don't like to be the victim of violence. Neither do you. At some point we agree not to do violence to each other. A third person shows up and attacks me to steal my food. You make the rational choice to help me defend myself because if he kills me for my food he may do the same to you. Being that he is outnumbered he stops and we explain "don't do violence on people." He says "you contradicted yourself, you say you're against violence but you used violence to stop me." We say "You're correct, it must be the initiation of violence that is bad, and it would be ok to use violence on someone who has used violence on you." He says "ok that may be the case but you used violence on that gazelle I was trying to take from you." We eventually conclude that rights are a social arrangement between humans as a result of our preference for cooperation with humans and do not apply to inter-species relations.

> you earlier said it's incarnation of territoriality. How can that be a right?

Property is a human expression of territoriality. Property rights are a social arrangement where people customarily or by agreement avoid violating each other's territory. Rights are a social arrangement that allow people to minimize the amount of violence in a community.

This is already kind of long but let me know if you have more questions and thank you for the opportunity to discuss these issues.

[cycomanic]

First let me say I appreciate your non-confrontational arguments (you have been admittedly much better than myself) in a thread which is really quite a "sh*tshow".

>> Do you have proof for that? I mean that is a pretty sweeping statement, and I can think of a lot of counter examples.

>I'm not sure what proof (or evidence really) would be required. You can observe animal territoriality in the wild, or you can trust animal behaviorists to report on it accurately. They have areas they defend against other members of the same species. Behavior varies widely, solitary species don't like any other members of their species (except for sexual partners), social species have different arrangements. Sometimes an elder male will have several females and young that are permitted and when the young get big enough they either leave or fight. Sometimes the males will have a hierarchy and defend the territory against other members of the species who are not part of their group. Sometimes they even make war on another group for their territory. If you let me know what kind of evidence you're looking for I might be able to supply it.

I agree that we can territoriality in the animal kingdom and I'm can also admit that we see territoriality in humans (at least some of the time). However, you claimed that property rights are an incarnation of the territoriality, which is a quite a leap from territoriality exists in humans. Maybe this is related to the discussion of what is a right. Just a side-note I do think it's drawing parallels and conclusions from behaviour in the animal kingdom is fraught with problems. Just one example, I think based on this principle one could make clear arguments that people are inherently egoistic or altruistic.

>> Sure but that isn't a contradiction to what the OP said. He did not say the state is identical to property rights.

>He said that state is a formalization of the social construct of property rights. I'm saying the state is not a formalization of the social construct of property rights, but a social construct of nation and government; and that the two have relation but exist independently of each other.

I somewhat disagree with you here, however I admit we are starting to discuss semantics. But I would argue (and this is how I understood the OP, that the state is a social construct/formalisation of our social interactions, which does guarantee property rights (and others). So property rights do not exist without a social organisational construct such as the state. Now, the argument becomes a bit of a question of how broadly do we define state. I would also argue btw, that the concept of nation is much more closely linked territoriality than the state.

>> But you don't specify what a right is either. In fact you earlier said it's incarnation of territoriality. How can that be a right? I mean maybe a desire, but a desire is very different to a right.

>Excellent question, thanks for asking. Rights are a social construct that emerges from mutual cooperation, essentially a social technology that allows people to co-exist and pursue their own interests and desires without needing to establish the same agreements with every individual and without generating unnecessary conflict. This is to say that rights are emergent and arise from individuals agreeing to respect each other.

>Perhaps an example would help: I don't like to be the victim of violence. Neither do you. At some point we agree not to do violence to each other. A third person shows up and attacks me to steal my food. You make the rational choice to help me defend myself because if he kills me for my food he may do the same to you. Being that he is outnumbered he stops and we explain "don't do violence on people." He says "you contradicted yourself, you say you're against violence but you used violence to stop me." We say "You're correct, it must be the initiation of violence that is bad, and it would be ok to use violence on someone who has used violence on you." He says "ok that may be the case but you used violence on that gazelle I was trying to take from you." We eventually conclude that rights are a social arrangement between humans as a result of our preference for cooperation with humans and do not apply to inter-species relations.

I quite like your definition and largely agree with it. But would you not agree that we need some sort of social organisation to guarantee these rights? If not rights are largely meaningless or one could argue non-existent, because there is not social entity/organisation to construct them. So this is how I understood the OP, when he said (paraphrasing) property rights derive their existence from the state.

>> you earlier said it's incarnation of territoriality. How can that be a right?

>Property is a human expression of territoriality. Property rights are a social arrangement where people customarily or by agreement avoid violating each other's territory. Rights are a social arrangement that allow people to minimize the amount of violence in a community.

So the way I understand this, is that territoriality might be the reason for forming/formalising property rights in society (I still don't fully agree on this, but that's a different argument), however to me that is very different to saying that property rights are an incarnation of territoriality. Maybe a formalisation of territoriality is a better word?

>This is already kind of long but let me know if you have more questions and thank you for the opportunity to discuss these issues.

I thank you, this is definitely an interesting discussion.

[chordalkeyboard]

> I agree that we can territoriality in the animal kingdom and I'm can also admit that we see territoriality in humans (at least some of the time). However, you claimed that property rights are an incarnation of the territoriality, which is a quite a leap from territoriality exists in humans.

Perhaps I was unclear. Property is the human incarnation of territory. This is an observation based on their similarities, treating humans as animals. When one animal claims an area and reacts with hostility to the conduct of other members of the same species in that area, it is said that the animal defends a territory. Property rights are a social norm that some humans use as a means of defending their territory. Rights are merely norms that allocate to individuals certain activities, behaviors, or other social goods. The territory (or property) exists because an animal believes that it exists and acts as though it exists. Of course this can be violated, its just an idea in someone's mind that manifests as territorial behavior. Property rights are a social arrangement where people respect each other's property.

Please note that I'm not assigning any moral weight to this notion. I'm merely describing human behavior in these terms and letting the reader come to their own conclusions. Rights (and property rights) take different forms in different communities. Thats because norms are social constructs and therefore intersubjective.

> Just a side-note I do think it's drawing parallels and conclusions from behaviour in the animal kingdom is fraught with problems.

Perhaps so. I think it can be problematic to consider humans as separate from the animal kingdom. Probably both perspectives have strengths and weaknesses.

> But I would argue (and this is how I understood the OP, that the state is a social construct/formalisation of our social interactions, which does guarantee property rights (and others). So property rights do not exist without a social organisational construct such as the state. Now, the argument becomes a bit of a question of how broadly do we define state. I would also argue btw, that the concept of nation is much more closely linked territoriality than the state.

This is conflating norms with the state that enforces them. Norms exist in all communities, most of them are not state-enforced. Frequently communities have norms that conflict with the formal statutes. In fact, the idea that there are agents of the state who you "are supposed" to obey is itself a social norm. Sometimes those social norms change but the people with the guns still attempt to enforce statutes.

Just as a side note, I find formulations of the type "the state guarantees property rights" to be problematic. The state may enforce some laws and fail to enforce others. The state may enforce some norms and fail to enforce others. The state may engage in widespread and long-standing violations of property rights (civil asset forfeiture). People can resolve this by considering those rights to be "whatever the state says they are" but this equivocation leaves us with no basis on which to criticize state actions related to rights.

> So property rights do not exist without a social organisational construct such as the state.

Property rights do not require an organization to enforce them. They (can) exist as community norms. Organizations enable large-scale coordination of actions that can shape those norms.

> I would also argue btw, that the concept of nation is much more closely linked territoriality than the state.

I agree but this also depends on how one defines terms. Some scholars use "state" and "government" differently as well.

> But would you not agree that we need some sort of social organisation to guarantee these rights?

No I don't agree that is necessary in all cases. In some cases its clear that an organization would be necessary to enforce the norms that I prefer. Perhaps a criminal organization seeks to expropriate all the left-handed redheads in an area. But then how would someone respond logically if we considered the organization that seeks to expropriate as the government? They're enforcing a concept of rights, just not the one I like. If rights are just what the government says they are, and we have people ready to enforce a particular concept of rights, how are we justified in determining who is the government and who is the criminal? It does us no good in this case to define rights with respect to the rights-enforcers because we have no basis to criticize the rights-enforcers for enforcing a different concept of rights. It must be that norms exist independently of the enforcement organization.

> So this is how I understood the OP, when he said (paraphrasing) property rights derive their existence from the state.

Couldn't we equally consider the state to have been derived from property rights, if we imagine the state to have arisen in order to enforce those rights?

> So the way I understand this, is that territoriality might be the reason for forming/formalising property rights in society

Territoriality is human nature, the purpose of formalizing it and enforcing it is to enable large scale coordination and minimize the amount of violence. People are going to have territory and they are going to have territorial conflicts. Rights are a social construct that enables people to have similar theories of acceptable conduct without having to know each other or agree as individuals on everything. Property rights allow people to have their territory and then settle territorial disputes in a way that creates (non-binding) precedents. This allows people to live in greater densities and avoid coming to violence over trespasses.

> property rights are an incarnation of territoriality. Maybe a formalisation of territoriality is a better word?

Territoriality just means that people are built to have an idea that something belongs to them. The specific property norms of a society are what determines what specifically they consider to be property. Property rights are just the rights surrounding places and things. Rights are social arrangements that allow people to live inc lose proximity and make arrangements with a reasonable security and reasonable expectation without having to get everyone to agree to everything all the time. Someone has the right to life, that means if someone deprives them of their life we already know it was wrong, we don't have to wonder if they had some verbal agreement that made it ok or if it was ok for Arthur to kill Bradley because Bradley was "in the way." Many norms are tacit and not formal. We could say the body of law is a formalization of the social norms.

> I thank you, this is definitely an interesting discussion.

Likewise, thank you for replying.

> First let me say I appreciate your non-confrontational arguments (you have been admittedly much better than myself) in a thread which is really quite a "sh*tshow".

LOL no kidding, but thanks for your non-confrontational approach as well. The world may burn around us but if we can keep our heads perhaps we can set an example for the lost and hopeless.