printA NEW ESSAY, “Everyone Has Property Rights, Whether They Know it or Not,” is on Mises Wire.
The Indian tribesman’s claim to his ancient stomping grounds can’t be reduced to a title search at the deeds office. That’s the stuff of the positive law. And this was the point I took away from a conversation, circa 2000, with Mr. Property Rights himself, Hans-Hermann Hoppe.
Dr. Hoppe argued unassailably—does he argue any other way?—that if Amerindians had repeatedly traversed, for their livelihood, the same hunting, fishing and foraging grounds, they would have, in effect, homesteaded these, making them their own. Another apodictic profundity deduced from that conversation: The strict Lockean stipulation, whereby to make property one’s own, one must transform it to Western standards, is not convincing.
In an article marking Columbus Day—the day Conservatism Inc. beats up on what remains of America’s First People—Ryan McMaken debunked Ayn Rand’s specious claim that aboriginal Americans “did not have the concept of property or property rights.” This was Rand’s ruse for justifying Europeans’ disregard for the homesteading rights of the First Nations. “[T]he Indian tribes had no right to the land they lived on because” they were primitive and nomadic.
Hoppean Homesteading
Cultural supremacy is no argument for the dispossession of a Lesser Other. To libertarians, Lockean—or, rather Hoppean—homesteading is sacrosanct. He who believes he has a right to another man’s property ought to produce proof that he is its rightful owner. “As the old legal adage goes, ‘Possession is nine-tenths of the law,’ as it is the best evidence of legitimate title. The burden of proof rests squarely with the person attempting to relieve another of present property titles.” (Into The Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa, p. 276.)
However, even if we allow that “the tribes and individual Indians had no concept of property,” which McMaken nicely refutes—it doesn’t follow that dispossessing them of their land would have been justified. From the fact that a man or a community of men lacks the intellectual wherewithal or cultural and philosophical framework to conceive of these rights—it doesn’t follow that he has no such rights, or that he has forfeited them. Not if one adheres to the ancient doctrine of natural rights. If American Indians had no attachment to the land, they would not have died defending their territories.
Neither does the fact the First Nations formed communal living arrangements invalidate land ownership claims, as McMaken elucidates. Think of the Kibbutz. Kibbutzim in Israel instantiate the principles of voluntary socialism. As such, they are perfectly fine living arrangements, where leadership is empowered as custodian of the resource and from which members can freely secede. You can’t rob the commune of its assets just because members elect to live communally. …
… READ THE REST. “Everyone Has Property Rights, Whether They Know it or Not” is on Mises Wire.
UPDATE (10/12): Facebook Thread.
Those who are unfamiliar with the methods of praxeology and deductive reasoning will twist into pretzels to find fault with this essay. Maybe read the ancients (not the neocons) on natural rights.critiquing neocons on natural rights is a straw man.