Property rights under attack, or liberated?
In Ideas Have Consequences, that seminal 20th century work of conservative philosophy, Richard Weaver explains that property rights are one of modern man’s last ties to God, a physical testimony that something transcends the physical world. As long as property rights are respected, as they generally have been in Western thought and life, mankind is free to redeem the world through good, hard, creative, productive work. Michael Heller has a new book that may challenge some of this received wisdom about property rights, though. It’s called The Gridlock Economy.
The Gridlock Economy takes aim at one of the strongest intuitions in Anglo-American thought: that property is a good thing, and more property is almost always better. In fact, views on property, since about the time of John Locke, have bordered on reverential. Locke, for instance, described property as a natural right given to man by God as the reward for labor.
Heller, “argues that creating too many property rights can actually wreck markets.” His thesis is this:
A property right creates a gatekeeper-someone whose permission is needed to use that thing we’ve just called “property.” That’s fine, but when you have too many gatekeepers-too many people whose permission is necessary to undertake a given project-that fact alone can create gridlock. It is one thing to get, say, five people to agree to something, but if the number is 500 or even 5 million, the project is sure to go up in smoke.
This essay about the book is worth reading and explains how the concept of “mass permission” impedes the market. “Mass permission.” Sounds like a euphemism for “democracy.”




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back to top19 Comments to “Property rights under attack, or liberated?”
Ultimately, the question of property rights is probably tied in with the right to bear arms.
It is one thing for the State to take away the property (or property rights) of a citizen.
It is quite another thing for ANYBODY to try to take away the property (or property rights) of a citizen who is armed to the teeth and quite willing to meet force with force.
So, I think the two are linked.
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“Chris Anderson’s The Long Tail makes the point that selling unpopular stuff can be a way to make lots of money.”
Really? You mean like Al Gore’s Car-bonehead Credit scheme? Oh wait! It’s popular….
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Drill, you confuse protection with rights. The rights are there, independent of the protection. That is, it is unjust to take another’s property without due cause.
We create larger community entities, to forestall the use of private force. This socialization of force is what secures property, and certainly makes for better economics. In countries where government is weak, then the ability of citizens and businesses to be secure in their property extends only to their ability to provide for the private security (and thereby raising the cost of doing business).
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Sounds like Harrison’s notion of democracy is the inoculation he hopes will give him immunity to the “brain infection” of Heller’s catchy idea. (Whatever it is — I don’t think Wu explains it very well.)
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Harris. Nah. A disarmed and helpless citizenry is eventually going to get plucked by the State.
So, no. The two rights are linked.
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Heller’s ideas are not really new. Elites who want to push people around to achieve their social agendas have been undermining personal property rights forever. In Jonah Goldberg’s book, “Liberal Fascism” he quotes Theodore Roosevelt as an example of fascism by “progressives,” (the precursors of liberals): “The New Nationalism rightly maintains that every man holds his property subject to the general rights of the community to regulate its use to whatever degree the public welfare may require it.”
It all boils down to whose “projects” and definition of “public welfare” are going to be annointed to supercede property rights of the individuals involved.
It wouldn’t surprise me if Heller is a mouthpiece for the radical environmentalists who want to undermine property rights in order shove people into urban Sesame Streets so as to allow the environment to revert to a “wild” state. His ideas certainly seem to fit their agenda.
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Heller is basically complaining about restrictions of property rights caused by excessive legal definitions of property, Some of this is inevitable in a complex society; a lot of it is the result of an overweening bureaucratic state interference with property rights.
We don’t really have a free economy; rather, we have a very limited capitalism with confiscatory taxes and a plethora of meddlesome government regulation. Truth to be told, the sort of property right that John Locke talked about has become defunct. The egalitarians over the years have seriously eroded property rights. In order to protect serious property rights, many are forced to find a way to salt away acumulated property where it can’t be disclosed.
Some countries including Ireland and Estonia with flat income taxes and very low income taxes are bucking this trend and as a result are growing exponentially.
Virtually every successful civilization based on property rights eventually declines due to a combination of envy and egalitarianism.
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Excuse me. In the above I meant to say… “very low corporate taxes.
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“A property right creates a gatekeeper—someone whose permission is needed to use that thing we’ve just called “property.”"
To me, it matters what type of property he’s talking about. If it’s land, well, that ought to be sacrosanct. Taking away certain land property rights allows a entity with lots of money to force someone who is land rich, but money poor off his land. This is the problem with the Kelo decision, a decision that shocked me.
And I don’t know why he would want to take away the benefit of work performed in intellectual property and hand it to someone else. Manxman is right — if you redefine words, you can redistribute the wealth and take away the benefit of work performed and hand it to someone else. I think it is very human to want to be proud of one’s work, and it is also very human not to want to do the work and hand the profit over to someone else. You should reap what you sow.
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Regardless of the confiscation, the chains, and the shaky legal foundation of property, there’s a fabulous amount of it, and those who have most of it scarcely seem to be affected by the economic travesties Peter Leavitt complains about.
Income tax rates are effectively flat, whatever the schedule says, when income is flat — as in Estonia, perhaps. Progressivity matters only when incomes are massively different.
What good is economic growth when it all accrues to few and median income declines?
I don’t believe wealthy people have to take assets out of production to protect them from inheritance taxes (which affect very few estates.) There are all kinds of legal vehicles for carrying assets across the generations. Except where a family might want to sell off a private company or sell land or minerals it acquired in the 1930’s, for example, there’s not much that interferes with their property. Even so, speaking as someone who has enjoyed the benefit of the transfer of a family business over three generations, I don’t see the harm to society — or to the heirs — in confiscatory taxation, which is better than thoughtless waste, at least.
Republicans say, “You give your money to the government, if you want, but don’t take mine.” My answer is that I don’t need to divest property unilaterally and there’s nothing immoral about wanting to tax you the same as me. Also, I don’t think there’s anything intrinsically harmful about the progressive personal income tax. In fact, government spending can generate economic activity that increases income as much as the taxes which finance it. Businesses are eager to incur expenses for productive purposes, and the people should be too, if they wish to do so through their government..
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Scroopy writes: ” Businesses are eager to incur expenses for productive purposes, and the people should be too, if they wish to do so through their government.”
But we don’t want to do it through our government. Our government can’t handle our own money better than we can and everyone who isn’t a socialist, anyone who can face facts, knows that.
The Constitution wasn’t written to put government in charge of every aspect of our lives. We are where we are because of hard work and innovation, and that is not promoted by the government.
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Some of us want to spend money through the government for productive purposes, and some don’t. We’ll need a show of hands. The government can indeed handle some of our money better than or as well as we can — or will — ourselves. You don’t have to take a good deal just because it’s good, and many won’t for one reason or another. It’s a free country.
Imagine the difference all Reagan’s military spending would make for us today if we’d spent it for socialistic purposes then. A half a trillion brls. of oil unburned. Bullet trains and local public transportation infrastructure everywhere. A million gunshot victims still alive. Ten million felons with re-wound and re-written biographies in widescreen, extended editions. Healthier lives and a million tons less of human fat.
The people are in charge of government and we have the right to use it for any purposes we decide are appropriate and advantageous to the general welfare.
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“What good is economic growth when it all accrues to few and median income declines?”
Then one had better strive to be one of the few. Isn’t that one of the great advantages of a free economy within a system of equal opportunity? The Oprah Winfreys and Bill Gateses can join the few, because they are talented and they work hard.
And they provide jobs for so many people. And they give to those in need.
In our regulated economy, median income doesn’t mean very much, since the value of the dollar is constantly in flux.
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ScroopMoth: Some of us want to spend money through the government for productive purposes…
This is basically a contradiction in terms. Two-thirds of the federal budget goes to entitlements that are vastly underfunded. All any free and strong people want from the federal government is personal security military and diplomatic force, along with a set of minimal regulation of inter-state commerce, including a currency, along with wise state and local laws that support local order along with moral and family life. Most government programs are in fact bloated and inefficient, let alone the wicked meddling. It take ten to fifteen years to get bureaucratic approval to build a nuclear power plant.
Judging from the remarks in #12, you are basically a big-government socialist. The [little] “people’ in fact have minimal right to any free man’s property.
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Scroop Moth, you acknowledge something that most socialists do not. Our tax system should be based on what we mutually agree on.
The problem with our current system is that people have only tacitly agreed to it. By and large they are too ignorant and too lazy to get it changed, but in my experience, they don’t like it.
Oh, the masses like hearing about taxing the “rich”. But that’s just simple envy and greed. I would not say it’s a good basis for a tax code.
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Imagining in hindsight makes as much sense as living by the crystal ball.
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Furthermore, Mr. Weaver couches his argument in erudite terms, but it boils down to his wanting things that belong to other people. Envy and greed, pure and simple.
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CORRECTION: Heller seems to want things that belong to other people.
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PETER LEAVITT: The [little] “people’ in fact have minimal right to any free man’s property.
You have rights to your property, I have rights to mine, and we through the constitution have rights to our property. The confusion stems from Republican confusion over pronouns. The taxes I pay are “my” obligations and “our” money.
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