9 |
PROPERTY |
9.1 |
CONCEPTUAL ANALYSIS |
9.1.1 |
INTRODUCTION |
Stealing is wrong is a semantic truth. If a person took
something that is no-one's property or someone else's property with
'er permission, or if this person
took an object while its ownership was simultaneously transferred to
'im,
one would not speak of "stealing", but of "using", "taking",
"borrowing", "buying" and so on. Describing the action in
this way, it would not be suggested that there was anything wrong
about it. Stealing, on the other hand, has a condemnatory
evaluative meaning, or a negative connotation, and its
descriptive or conceptual meaning is not much more than that it
is a form of taking. Stealing is by definition (something
like) to take another person's property without right or
permission and with intent to keep or make use of wrongfully.
Thus the deontologists' idea that stealing is something that is
'intrinsically' wrong, regardless of the consequences, is merely
expressive of a convention of language. Like murdering ,
stealing is a concept already normatively impregnated itself.
As pointed out before in
Truth among others (4.1) the
problem is and remains what the normative conception rests upon,
because there are ways of killing which are wrong and ways of
killing which are not wrong, and there are ways of taking which
are wrong and ways of taking which are not wrong.
It might be said that what stealing actually is wholly
depends on the meaning of property and rightful appropriation
or transference . Yet, this does not carry us any further
than deontological intuitionism, because the terms property
and ownership are as much value-laden as the terms stealing
and theft. If property is indeed a normative notion (like
theft ), the act of assigning certain things to certain other
things (people, social groups or nature), labeling them "owners
of property", may reveal more about the person or group doing
the assigning than about anything or anyone else. It was
correctly stated long ago that it is the subject of property
which is the very 'keystone which completes the fabric of
political justice'.
Every political, denominational or philosophical theory dealing
in some way with money and other objects of property,
presupposes a theory of property, if it has not developed one
itself. The idea that one ought not to steal is merely one
example of a conception which requires a justificatory theory of
property. Other examples of such conceptions or theories vary
from the proposition that everyone should pay for 'er own
protection and insurance (in the absence of a state to protect
and insure people) to the proposition that everything belongs or
should belong to the or a state. Questions which immediately
arise then, are What is this money, or other medium of
exchange, which i may call "my own", and which i may use to pay
my own protection- or insurance-premium? and Who is this
state, and how are 'er property claims to be justified, not only
with respect to 'er (other) citizens, but also with respect to
other states and to noncitizens?. Only a theory of property
is able to indicate what belongs to an individual, to a group of
people, to a state, or to a larger community or institution. Not
until this has been established is it possible to steal from
someone else, and not until this has been established is it of
any practical significance to say that stealing is wrong, or
that one should not steal. Even someone who simply believes that
property is not more than a legal notion must admit that such
a belief itself is based on a choice which needs justification.
It is obvious that erroneous conceptions concerning property
tend to distort people's individual and social judgments but,
conversely, the traditional conception of what people may
rightfully call 'their own' may have been equally distorted by
their individual and social biases. In either case it is clear,
however, that the complexion of every political, religious or
other normative doctrine is dominated by the coloring of the
accompanying notion of property. Looking at what is called
"property" in such a doctrine will always give us a much better
impression of the system of norms and values the ideologue or
normative philosopher wants to burden society or 'the ideal
society' with. Altho money and other objects of property play a
fundamental role in many political, religious and other normative
doctrines, the role of the underlying theory of property is
often neglected. Conscientious people, however, will find no
solace in existing conventions, (sub)cultural norms or laws with
regard to property, for if they blindly copied them, justice
would not derive from them, but simply be presupposed. Even the
favorable connotation of property itself has not always been
taken for granted. (But in that case it was thought of as some
sacrosanct and inviolable right of exclusion in a whole object,
irrespective of the relevance of its description, of its
scarcity value and of its use.)
Property is a certain kind of right (like in the right of
property) or an object or set of objects one has a right to
(like in the right to property). As such theories of
property belong to the theories of rights. And just as the ultimate
foundation of theories of rights is often not
metadoctrinal, so the
ultimate foundation of traditional theories of property may also
be purely consequentialistic (especially utilitarian) and/or
deontological. In that case property is not even partially an
extrinsic right but is entirely
explained and justified in terms of goals and doctrinal duties.
Theories of property do not only belong to the theories of
rights, every individual theory of property usually also forms
an integral part of the total system of ideas, beliefs and
theories of a particular ideologue or philosopher. Understanding
'er conceptions concerning property may not be possible very
well without reference to 'er general idea of people, society
and the world. But, conversely, those conceptions concerning
property may also shed a new light on the general (not seldom
exclusivist) attitude of the ideologue or philosopher in question,
or on the (often exclusivist) doctrine 'e espouses. It is
necessary, then, to make sure that we understand the special
jargon used by theorists on property. Therefore, we will first
deal with some conceptual and terminological matters on our
tour of property-land. This will make it more difficult for
ideologues and philosophers on property to confuse us --like
thieves do-- when we listen to them or overhear.
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