9.3.3 |
LAND AND NATURAL RESOURCES |
The prime exponent of the traditional labor theory of
property argued that the 'property of labor should be able to
overbalance the community of land'. Hence, it was labor which
would put the difference of value on everything. (Not less than
99% of expenses could in most cases be put on the account of
labor.) Now, however miniscule the difference between the
original thing and the thing produced may be, it remains an
arbitrary, empirical matter what this difference is exactly, and
such matters cannot justify absolute positions (in this case
that the whole thing would belong to the one who added the
labor). But is the difference really something like 99%? Maybe
the value of a painting is for 1% or less determined by the
material value of the canvas, but with respect to land the
situation is rather the other way around in many cases, while no
personal labor has been added at all to natural resources.
(Natural resources should not be understood here in the narrow
sense of industrial materials and capacities, since we shall
not stress their possible significance as means of production.)
The argument does therefore not support property in natural
resources, nor in land, if, and insofar as, it has not been
created or improved by labor. One utilitarian adherent of the
labor theory
'imself has argued that the
'grounds of property in land are different from those of property
in movables', and that 'they are only valid insofar as the
proprietor of land is its improver'.
That the labor theory's spirit of speculation is purely
doctrinal (instead of metadoctrinal) is
evident from the fact that its defenders speak of "the value added to"
and "the improvement of the thing acquired". But what is 'value' and
what is 'improvement' without a normative doctrine to make this
clear? Value and improvement are not objective, descriptive
notions like labor itself perhaps. Maybe, someone's labor adds
a dis-value, and maybe, land and natural resources no-one has
ever worked on are of an incomparable value, especially in
densely populated regions or on a densely populated planet. As
has been correctly pointed out, the labor theory's principle of
desert is a 'double-edged principle: if a benefit is due for
adding value, a penalty is due for subtracting value'. In the
latter case a person will have to compensate others for
'er labor. In summary: the
traditional labor theory may have its merits on the doctrinal level,
it does not on that level justify property in land (as a natural
element) and, least of all, in natural resources.
Whereas labor theorists have endeavored to defend property in
land on doctrinal grounds, many other theorists on property have
endeavored to attack property in land on equally doctrinal
grounds. But while the proviso that enough be left over may
mitigate the labor theorist's proproperty argument, other
conditions (or inconsistences) may modify antiproperty arguments.
Thus one theorist claiming that the earth belongs to
no-one, mentions a set of such conditions to justify the very
ownership of land. They are: 'that the land be uninhabited',
'that one take only so much as is necessary for subsistence',
and 'that one take possession by labor and not by ceremony'.
Rejected are justifications such as fencing, occupation or claims
by sovran powers. The theorist in question is actually opposed
to the idea of a natural right in property (as being itself
a right of self-preservation) and ultimately bases 'er own
justification on the 'development of human nature as moral nature'.
It is this from which the moral entitlement to the area of land a
human being needs for immediate subsistence is derived.
Even speculators on property who have defended an unlimited
right of accumulating possessions thru trade and inheritance
have admitted that the original appropriation of land has in
most cases been a question of force. They, too, have realized
that land is another issue than wealth in general, since land is
a commodity limited in extent, and since it is from land that
the materials have to be derived which are necessary to maintain
the conditions for a free life. It has, similarly, been pointed
out by a theorist who neither advocated the maintenance nor the
abolition of private property in general, that the economic
arguments for private property just do not hold with respect to
things such as land, because their supply is definitely not
increased by passing them into private hands.
It will come as no surprise that those who have denounced
private property altogether, have also denounced this sort of
property in land. Nevertheless, it is worth noting that landownership
is often the greatest evildoer for them. One theorist
has said that it is the expropriation of the mass of the people
from the soil which forms the basis of a mode of production and
accumulation which have for their fundamental criterion the very
'annihilation of self-earned private property' or 'the expropriation
of the laborer'. Another theorist has said that undeveloped land
should be for the usufruct of everyone, and that
no-one may appropriate any portion of it without the consent of
all directly interested in its usufruct (nature itself being the
fictitious owner). The natural resources of uncultivated lands
and waters should, on this view, remain available for the use of
anyone who depends on them. The party most seriously injured by
wilful waste and hoarding is likely to be a future generation
-- it has been argued.
The question of what to do about great discrepancies between
moral and legal or cultural property rights is a delicate one
which cannot be tackled here; in the first place, because at
this stage we do not have a rightful theory of property yet.
(Mainly, we have been, and still are, assessing the value and
disvalue of arguments for, and the value and disvalue of
arguments against, in order to ascertain if, to what extent, and
how they can tell us which tools to use in the process of
developing our own body of thought.)
One paradigmatic way advocated to change existing conditions
of landownership which are believed to be highly inequitable,
has been a revolution leading to the establishment of a
dictatorship of the proletariat, of a dictatorial one-party
system and of universal state-ownership. Another paradigmatic
way advocated has been an extensive and profound societal change
leading to the establishment of independent communities and the
very abolition of the state and all political parties. A third
way suggested --less outspoken than the previous two-- is to
leave all property to the current owners, but to change the
right to transfer or alienate and the right to devise or
bequeath. The basic elements of the current landowner's property
rights could thus remain unchanged. If no normative justification
of 'er title can be given, it could not be passed on anymore to
another person or group of persons who do not have an
(exclusive) right in the land either.
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