Category Archives: Private Property

UPDATED: Eric Garner: 100% Innocent In Libertarian Law (Note On Natural Law)

Free Markets, Justice, Law, libertarianism, Natural Law, Private Property, Regulation, The State

To the libertarian, the case of Eric Garner is as simple as it is sad. In libertarian law, Eric Garner is innocent as a newborn babe. It all boils down to the distinction between the natural and the positive law. Here again it is useful to contrast the Garner case with the case of Michael Brown (see “Don’t Conflate The Michael Brown And Eric Garner Cases”).

The good libertarian abides by the axiom of non-aggression. Michael Brown, the evidence shows, initiated aggression. He had aggressed against the store keeper and the policeman, who protected himself from this rushing mountain of flesh. In libertarian law, the individual may defends himself against initiated aggression. He does not initiate aggression against a non-aggressor.

Eric Garner, on the other hand, had aggressed against nobody. The “law” he violated was one that violated Garner’s individual, natural right to dispose of his own property (“loosies”) at will. When the enforcers of the shakedown syndicate came around to bust him, Garner raised his voice, gestured and turned to walk away from his harassers. He did not aggress against or hurt anyone of the goons.

“Liberty is a simple thing. It’s the unassailable right to shout, flail your arms, even verbally provoke a politician [or policeman], unmolested. Tyranny is when those small things can get you assaulted, incarcerated, injured, and even killed.” (“Tasers ‘R’ Us.”)

Garner obeyed the libertarian, natural law absolutely. He was trading peacefully and he attempted to walk away from a confrontation peacefully. (More evidence that goes to his character: Prior to his murder, Garner had broken up a street fight.)

The government has a monopoly over making and enforcing law— it decides what is legal and what isn’t. Thus it behooves thinking people to question the monopolist and his laws. After all, cautioned the great Southern constitutional scholar James McClellan, “What is legally just, may not be what is naturally just.” “Statutory man-made law” is not necessarily just law.

Unlike the positive law, which is state-created; natural law in not enacted. Rather, it is a higher law—a system of ethics—knowable through reason, revelation and experience. “By natural law,” propounded McClellan in “Liberty, Order, And Justice,” “we mean those principles which are inherent in man’s nature as a rational, moral, and social being, and which cannot be casually ignored.”

Garner was on “public” property. Had he been trespassing on private property, the proprietor would have been in his right to remove him. However, Garner was not violating anyone’s rights or harming anyone by standing on the street corner and peddling his wares—that is unless the malevolent competition, which sicced the cops on him, has a property right in their prior profits. They don’t.

UPDATE (12/6): Natural law is an ancient philosophy rooted in very real, non-abstract civilizations, going back to ancient Greece, Rome; Ten Commandments, the Scholastics, Thomas Aquinas, Thomists, English common-law, etc. (NOT Rousseau.) It has always been a bulwark against tyranny—that of monarch and mob.

Who You Gonna Call? Oath Keepers

Business, Free Markets, GUNS, Judaism & Jews, Private Property

If there’s something strange
in Ferguson
Who you gonna call?
Oath Keepers!—adapted from Ghostbusters

Sam Andrews, “Yale-educated attorney and former army paratrooper,” is the heroic founder of “The Oath Keepers,” which “claims to have active chapters in all 50 states, as well as an estimated 40,000 members – which,” according to Yahoo News, “would make it one of the fastest growing far-right organizations in the world.”

Sam and his merry men rescued damsel-in-distress Natalie DuBose, proprietor of “Natalie’s Cakes and More,” which “was broken into and looted” in Ferguson.

“I didn’t have the extra savings or extra money to replace everything that was destroyed,” she told ABC News following the vandalism. “The threat of not being able to take care of your children makes you feel like less than a human being.”
DuBose’s story caught Andrews’ attention. He was watching the news at home 40 miles away.
“I can’t even imagine a governor that would leave a woman like this and her business to burn, like they did,” Andrews said. “But I value this woman as much as anything I’ve ever seen in my life.”

“Dressed in full camouflage and armed with an assault rifle and handgun – [Sam] climbs to the roof of a dentist’s office to begin his nightly surveillance. … the Oath Keepers …is … taking up armed positions on the streets and rooftops with the intent of protecting local businesses.”

He says he’s here to defend “the best part of America, the creative part, the small businesses, the hardest working people in the United States of America. To defend them from arson.”

Oath Keeper Sam Andrews sounds right, not far right, as Yahoo “News” would have it.

… What separates the Oath Keepers from other militia groups is that they recruit men and women of the military and law enforcement – vowing to disobey “unconstitutional orders” from what the group sees as an increasingly tyrannical president and government.

But what do you know? More often than not, the police is not on the side of private-property owners and their protectors.

St. Louis County Police declined an interview with ABC News, but confirmed that it is investigating whether the Oath Keepers are breaking the law by providing security without a license.

This must lead one to a sneaky suspicion that with government controlled law-enforcement, serving and protecting private property is secondary to monopolizing the production of defense.

St. Louis County Police has an illiberal partner in who else but the “Anti-Defamation League Center on Extremism.” It “called the Oath keepers an ‘extremist, anti-government group.’”

What’s new?!

“Everything that they say [they] stand for is based on this notion that the world and the government is going to become a dictatorship to try to prevent Americans from having their freedoms,” said director Oren Segal.

Blah, blah, blah.

Aaron Swartz: Parasites Have the Power To Kill The Host

Government, Human Accomplishment, Intellectual Property Rights, Liberty, Private Property, Technology

Aaron Swartz got too big for his boots, so the government decided to make life unbearable for the gifted young man, who had created more value for shareholders and customers when just a kid in short pants than any of the nogoodniks who prosecuted him. Yeah, freedom baby.

US media tries to forget the late Mr. Swartz . RT has not:

Swartz was a 26 year-old information transparency activist, who took his own life nearly two years ago, having faced a standoff with the government.
When he was just 14, tech prodigy Swartz helped launch the first RSS feeds. By the time he turned 19, his company had merged with Reddit, which would become one of the most popular websites in the world.
But instead of living a happy life of a Silicon Valley genius, Swartz went on to champion a free internet, becoming a political activist calling for others to join.
Swartz drew the FBI’s attention in 2008, when he downloaded and released about 2.7 million federal court documents from a restricted service. The government did not press charges because the documents were, in fact, public.
He was arrested in 2011, for downloading academic articles from a subscription-based research website JSTOR – at his university – with the intention of making them available to the public. Although, none of what he downloaded was classified, prosecutors wanted to put him in jail for 35 years.

UPDATED: Lite Libertarians & Fracking: ‘Progress’ Over Private Property (The Cornerstone Of Civilization)

Economy, Environmentalism & Animal Rights, libertarianism, Private Property, Technology

Lite libertarians—who always put “progress” above private property—just love fracking, the colloquial for “hydraulic fracturing” for natural gas. The great John Stossel has extolled the merits of fracking in his columns and broadcasts. Myself, I don’t know enough about “the drilling method that uses water, sand and other additives to expand fissures in underground rocks to free oil or natural gas trapped within them.” But I do know about the natural right to private property.

A legalistic ploy like the “split estate,” whereby “the right to develop oil or gas deposits is severed from the surface”—in other words, you own only the land surface, not the minerals below the surface—amounts to a lien on private property. Unless, of course, the “split estate” arrangement is clearly specified in the property deed of sale. Namely, “A” sells the land to “B,” under the condition, specified in a contract, that “A” retains rights to what’s underground.

Currently, some fracking operations are set up on the private land of hapless owners, who either did not know that “mineral rights had been sold off long before” their acquisition of said land. Or, could “still be forced to allow gas mining [on their land], if a majority of [their] neighbors sign leases with drillers.”

“Thin libertarians” think that generally approving of all technology makes them forward-thinking and ever-so hip. However, contra the angle mined by Mr. Stossel and his philosophical kin, the central problem with fracking is that it is done, for the most, in violation of homesteader, private-property rights.

By granting permits to allow vertical penetration of someone’s land with heavy equipment, state lawmakers are screwing the landowner out of his rightfully owned land and the privacy, peace and tranquility he is entitled to on that parcel of land.

Clearly the problem with grants of mineral rights by state or federal lawmakers is that these grants of privilege by government, local or federal, violate the landowner’s natural rights of private property.

UPDATE: In answer to the Facebook thread:

* Neighborhoods could also form a neighborhood association whereby buying into the community came with either a fracking permit or a ban on the practice.

* Reminder: The post is not about “fracking,” but about property rights, the cornerstone of libertarianism—and civilization itself.