anarchism and gated communities

Now you’re changing what you’ve said, Clayton.

“Bob is simply noting that he can do no worse than open conflict and that Alan’s asking him to accept the terms of a contract…At all points, Bob would prefer open conflict to abiding by the terms of a contract which specifies he must accept his own murder or attempted murder. Asking someone to sign such a contract is pointless and absurd.”

In the example given by Fool On the Hill, we have a man who must accept theft if he wants to stay in his home, the place he grew up in and has lived his entire life. He is in a better place with open conflict, where he may or may not win, than in court where he will most certainly lose. It is in no way reasonable for him to accept the terms of the landlord, especially if there are other tenants that feel the same way (this entire example reminds me of the Rent War in New York).

Now, Eric080,

“No libertarians are against worker’s demanding certain rights lest they withhold their work from the business owner.”

  1. The person who coined the term libertarian was Dejacque, a French anarcho-communist. So let’s not get ahead of ourselves saying “all libertarians this,” or “no libertarians that.”

  2. So laborers can’t go on strike in your idea of an anarcho-capitalist society? How exactly would that work out without the use of force? The term “forced labor” springs to mind, unless I’m misunderstanding you. Now see, that sounds like a false privilege, non-retaliatory force, and robbery of self-ownership and will if I’ve ever heard of it. Maybe I’m misunderstanding.

Hmm, I must be doing a poor job communicating my thoughts because that quote reinforces what I said above.

Scenario A: Bob steals Alan’s $2000 TV. Alan confronts Bob and says, “Give me back my TV or I’ll fight you.” Bob considers his alternatives:

A.1) Bob fights Alan and wins, gets to keep the $2000 TV

A.2) Bob fights Alan and loses… he is dead and cannot enjoy the $2000 TV

A.3) Bob gives Alan his TV back and avoids a fight

Bob looks Alan over and figures he has a 50% chance of winning against him, since they are both of relatively equal size, strength, athleticism, etc. If Bob chooses option A.2, he is essentially valuating his life at $1000 ( $2000 * 50% chance of living to enjoy it ). This is true even if Alan doesn’t have the guts to follow through on his threat to fight Bob, as long as Bob can’t tell that Alan is insincere.

Scenario B: Alan tries to poison Bob with Bob’s (insincere) contractual consent, Bob later “reneges” on this contract. Alan is suing for the right to follow through on the terms of the contract, he is asking that Bob swallow the remainder of the poison as the contract stated, otherwise he will fight Bob.

B.1) Bob fights Alan and loses - in this case, he is no better off than if he had just swallowed the poison as requested

B.2) Bob fights Alan and wins - in this case, he is better off than if he had swallowed the poison

B.3) Bob willingly drinks the poison and dies

Now, this case is completely different than the one before. If he chooses to cooperate peacefully, he will certainly die. If, however, he chooses to fight for his life, he has a 50% chance of winning (his own estimate). This is true even if Alan is completely sincere and will follow through on his threat to fight Bob. While Bob might die while fighting Alan if he chooses to fight Alan, it’s only a 50% chance as compared to the 100% chance of death if he willingly drinks the poison. A 50% chance of death is certainly preferable to a 100% chance of death even though it’s not preferable to a 50% chance of keeping a $2000 TV (at least, I would never choose to risk my life for $2000 at 50% odds).

Clayton -

Yeah, you’re still not making sense. Back to the farm example:

The son of the original couple will lose if he peacefully cooperates 100% of the time. How is that different?

I really don’t like the farm example because I think it’s got too many moving parts and actually involves a lot of other legal issues.

Can you please point out what is not making sense and I will try to clarify?

Clayton -

Basically, anyone making a claim contrary to the proprietarian system in which they face the use of force against them anyway is better off taking the risk of resisting.

The only way these people could be kept from acting according to their will and in compliance with this property system would be to always out muscle them to the point where they don’t try. Even then, people have still fought when all the odds were stacked against them.

Of course, but in your original example, you made no such stipulation. You simply hypothesized that the contract had a clause allowing non-retaliatory force. I took that to mean non-retaliatory force per se.

Introducing a double-standard after the fact would require a new agreement. Can he guarantee that everyone who agreed to the original contract will now agree to the new one?

Yes, that’s what I’m saying, at least. Any contractual obligation that is considered to be absolute is a violation of self-ownership. The more I think about it, the more I see statism as being fundamentally based upon such violation.

I would argue that, no, the landlord is certainly not justified in confiscating the rent money when the descendant tenant refuses to leave. However, the descendant tenant also has no right to stay there, as he doesn’t own the land. What I think the descendant tenant is justified in doing is getting back the money he had previously paid in rent - the landowner effectively stole it from him by fraud.

The difference between the above example and a state is, in a word, legitimacy. Anarcho-capitalists such as myself consider any state claims of ownership to be illegitimate. It has nothing to do with perceived ease or difficulty of leaving.

The landlord’s grandfather made no threat of force against the kids. He simply told them to leave, and appealed to the notion that he owned the land. The kids apparently believed this, so they left. Where was there any threat of force involved?

In my opinion, the current landlord is the rightful owner of the house. Although one could say that his grandfather purchased the land from the government, one could also say that what he really did was pay off the government so that it wouldn’t send people to force him off of the land in the future. The construction workers were technically the initial collective homesteaders of the land, but per their agreement with the current landlord’s grandfather, they ceded all claims of ownership to him.

Moving forward to the present day in this scenario, I’d say the descendant tenant still has a right to get back the rent he previously paid, given the lack of agreement with the landlord, and the landlord has a right to get back the money his grandfather paid the government for the land.

By that reasoning, we should all be trying to steal as much as we can from each other, all the time. Obviously this is not the case.

I would argue that, no, the landlord is certainly not justified in confiscating the rent money when the descendant tenant refuses to leave. However, the descendant tenant also has no right to stay there, as he doesn’t own the land. What I think the descendant tenant is justified in doing is getting back the money he had previously paid in rent - the landowner effectively stole it from him by fraud.

By saying that the tenant has no right to stay there, you mean the landlord has a right to evict him? Is the tenant justified in getting back just the money the landlord confiscated or also the money he paid him when the landlord every week said to him, “pay me $50 or leave”?

The difference between the above example and a state is, in a word, legitimacy. Anarcho-capitalists such as myself consider any state claims of ownership to be illegitimate. It has nothing to do with perceived ease or difficulty of leaving.

But the details that I added in my subsequent post seem to make the landlord’s ownership just as illegitimate as the states. One reason I hear as to why the state can’t own anything is because they have claimed ownership over unhomesteaded land. The landlord’s grandfather claimed ownership over the land before he homesteaded it. Another reason I hear is that the state hasn’t homesteaded the land themselves. However, if the landlord can contract with the construction workers to homestead the land for him, why can’t the state contract with its subjects to homestead the land for it?

Scenario A: Bob steals Alan’s $2000 TV. Alan confronts Bob and says, “Give me back my TV or I’ll fight you.” Bob considers his alternatives:

A.1) Bob fights Alan and wins, gets to keep the $2000 TV

A.2) Bob fights Alan and loses… he is dead and cannot enjoy the $2000 TV

A.3) Bob gives Alan his TV back and avoids a fight

You’re skipping ahead and missing a key alternative:

A. 4) Alan let’s Bob take the TV

If the the chances of winning the fight for both are 50%, then it doesn’t seem any more reasonable for Bob to let Alan have the TV than for Alan to let Bob have the TV. The risk that Alan takes to defend his TV and the risk that Bob takes by trying to steal the TV are exactly the same. Thus, if avoiding a confrontation is the reason for upholding the contract on Bob’s part, then avoiding a confrontation is a reason for not enforcing a contract on Alan’s part. Bob has no more incentive to respect the contract than Alan does to enforce it.

Yes, I’d say the landlord has a right to evict him. My assumption regarding the descendant tenant was that the landlord never told him “Pay me $50 or leave” every week - the descendant tenant simply paid the landlord $50 a week because that’s what his parents did, per their agreement. Had the landlord indeed said that to the descendant tenant every week, then I don’t think the tenant has any recourse to that money.

What the state does is akin to someone going to the landlord and telling him to pay up $50 or the landlord will be forced off of his own land. Again, the primary issue here is the legitimacy of ownership.

I, for one, never said that the state can’t own anything. If the state never engaged in systematically aggressive practices against people, it would no longer be a state - it would just be another business. Whether it’s still called “the state” at that point is moot.

On the other hand, I don’t consider warding off others from de facto unowned resources to be morally wrong. All rights, including property rights, amount to claims. If you and I both see an unowned apple tree, and I tell you to stay away from it because it’s mine, then if you acquiesce to my demand, I now de facto own the apple tree. Otherwise, if you don’t acquiesce to my demand, then the ownership of the apple tree is still in question, and we might fight over it. Or we might agree to let each other use it in certain ways, thus establishing joint ownership of it.

I’m not skipping anything. A.4 is not Bob’s choice to make. I’m not comparing Alan versus Bob in my post, I’m comparing Bob’s choices under Scenario A and Scenario B. The question of why it is that property owners are (apparently) more willing to take the risk to enforce their property rights than expropriators are willing to take the risk to keep their expropriated property is an interesting question but not relevant to this discussion. David Friedman gives his answer to the problem here.

Clayton -

What the state does is akin to someone going to the landlord and telling him to pay up $50 or the landlord will be forced off of his own land. Again, the primary issue here is the legitimacy of ownership.

The tenant in my example lives in a house separate from the landlord’s house, which the landlord’s grandfather hired someone to build but which he nor his descendants ever entered. The tenant claims that it’s his house just as a proprietarian claims to have sovereignty over his land and not the state.

I, for one, never said that the state can’t own anything. If the state never engaged in systematically aggressive practices against people, it would no longer be a state - it would just be another business. Whether it’s still called “the state” at that point is moot.

Are you saying that all states necessarily at all times in all place engage in systematically aggressive practices against people?

On the other hand, I don’t consider warding off others from de facto unowned resources to be morally wrong. All rights, including property rights, amount to claims. If you and I both see an unowned apple tree, and I tell you to stay away from it because it’s mine, then if you acquiesce to my demand, I now de facto own the apple tree. Otherwise, if you don’t acquiesce to my demand, then the ownership of the apple tree is still in question, and we might fight over it. Or we might agree to let each other use it in certain ways, thus establishing joint ownership of it.

So since the British Empire claimed sovereignty (i.e. ownership) over the 13 American Colonies and the people who immigrated there acquiesced and acknowledged the Brtitish claim over the area, does this not mean that they owned it de facto and legitimately? Are not the people moving there homesteading the land and then agreeing to give it to the King in the same way that the construction workers are building a house and giving it to the landlord in my example? And if they agreed to let the King have ownership, then isn’t the protestations of their descendants over “taxation without representation” analogous in the same way that the tenant’s cries of “rent is theft!” is in my example? In my example, the landlord systematically aggressed against the tenant by confiscating his money. And yet you say that the landlord is still entitled to his property, but when a state employs the same systematic aggression they somehow must forfeit their property?

If the landlord signed an agreement with the workers saying that they’d work the land for a wage but that the land would ultimately belong to him then he is no way acting like a state, which would simply take the land. This is very simple property law, and based on your attitude and red harring attacks on Mises’ view of unions I’d have to say that you’re dragging out this argument just to be difficult.

First of all, you are putting words in the mouth of the person you’re quoting; he never said “at all times in all places”, you made that an addendum to try and make his position look ridiculous and thus easier to defeat. But I would certainly have to agree with the original statement. While not everything the state does is aggression (e.g. sending a diplomat to a foreign country), it is always engaged in aggression (e.g. taxation, warfare, public domain, etc).

You are completely misunderstanding his point. For his apple tree analogy, ownership is not established when person A leaves after being told off by person B. Ownership is established after this occurs, when person B then takes the tree as his own.

So if I’m in the 18th century and I say, “Don’t go to America, it’s mine”, and the rest of the world decides not to, I don’t own the continent. It is when I cultivate and maintain the entire continent that it then becomes my property. Until that happens the land is up for grabs.

Did the Crown truly own the land in the first place? Did every colonist or firm sign a contract with the British Empire?

You are making huge leaps in logic and rewriting history. Never did the colonists contractually give their land to the Royal Family, while the tenant does have a contract with his or her landlord.

If the tenant agreed to pay the $50 then nothing was stolen. If the tenant refuses to pay the rent and doesn’t leave the landlord’s property, then he is a thief and can be evicted. If the landlord, by gunpoint, is demanding that the tenant give him $50 a week then obviously the landlord is engaging in theft. Why is this so hard to understand?

The last dozen or so posts have been explaining to you precisely how it isn’t the same.

As far as I can tell, you didn’t indicate any of this in any of your previous posts. So at best, you simply forgot to include these qualifications, even though you’d thought of them. At worst, you’re deliberately moving the goalposts so that you can continue to feel like the “winner” in this thread.

With that out of the way, I wouldn’t consider the descendant tenant to have any claim of ownership over the house he lives in. Once again, the construction workers who built the house (and thus collectively homesteaded it) did so with the understanding that ownership of the house would be transferred to the landlord’s grandfather. Furthermore, this ownership was transferred in exchange for the wages/salaries paid to the construction workers. Thus the landlord’s grandfather obtained ownership of the house after it was built, at the very latest. Presumably he passed ownership of it on to his son, who passed it on to his own son (the current landlord). Whether any of them ever set foot in the house is irrelevant IMO. Then again, I don’t subscribe to the occupation-and-use theory of ownership.

Yes, by definition.

Exactly how did everyone who immigrated there necessarily acquiesce and acknowledge the British claim over the area?

I don’t understand the part about “and then agreeing to give it to the King”. Can you please explain what you mean by this?

If I steal your car, do you think that means I forefeit all of my property?

I can’t address your question without understanding how people who homesteaded land in the 13 Colonies subsequently “gave it to the King”. But I think you’re trying to claim that the tenant in your example homesteaded the house he was renting, when I’m claiming that he didn’t. I make that claim for two reasons. First, the house was already homesteaded by others (the construction workers who built it), who then transferred it to another individual (the landlord’s grandfather) in exchange for money. Second, the current landlord, who inherited the house, never transferred ownership of it to the tenant.

At the heart of our dispute, however, are the premises for establishing ownership. You take occupation-and-use as your premises thereof, whereas I do not. Since these are premises, and not conclusions, we can’t prove one or the other wrong. We can only accept or reject each other’s premises. Obviously, I reject yours.

“By that reasoning, we should all be trying to steal as much as we can from each other, all the time. Obviously this is not the case.”

It’s not always reasonable to steal. Sometimes you would be clearly overpowered. However, Clayton made the distinction that a contract in which someone is in no better position than if they were simply in open conflict is null. When you realize you’re going to lose, it’s best to just agree and lose. But anyone who thinks they have a shot at winning would prefer open conflict, and according to Clayton’s principal they have a right to do so.

No, that’s really not what I’m saying. We’re missing some theoretical foundations here. If I have time later, I’ll post a thread on this since it is definitely a topic worth exploring in more depth. I’m trying to delineate the limits of legal negotiation and how this interacts with the viability of contracts which, in turn, determines what sorts of contracts are legally enforceable.

Clayton -

So would you say it’s reasonable to steal the next time I’m in a Walgreens? Because I think I could overpower the store clerk. Also, I’ll have the element of surprise on my side.

Then there would never be any contracts - only surrender by the weaker to the stronger. Hobbes was right after all!

If the landlord signed an agreement with the workers saying that they’d work the land for a wage but that the land would ultimately belong to him then he is no way acting like a state, which would simply take the land. This is very simple property law, and based on your attitude and red harring attacks on Mises’ view of unions I’d have to say that you’re dragging out this argument just to be difficult.

He kicked off people before he legitimately owned it. Is that not simply taking it in the same way that the state does?

First of all, you are putting words in the mouth of the person you’re quoting; he never said “at all times in all places”, you made that an addendum to try and make his position look ridiculous and thus easier to defeat. But I would certainly have to agree with the original statement. While not everything the state does is aggression (e.g. sending a diplomat to a foreign country), it is always engaged in aggression (e.g. taxation, warfare, public domain, etc).

I didn’t say that’s what he meant. I was asking if it was. And guess what, it was (see post below yours)!

You are completely misunderstanding his point. For his apple tree analogy, ownership is not established when person A leaves after being told off by person B. Ownership is established after this occurs, when person B then takes the tree as his own.

So if I’m in the 18th century and I say, “Don’t go to America, it’s mine”, and the rest of the world decides not to, I don’t own the continent. It is when I cultivate and maintain the entire continent that it then becomes my property. Until that happens the land is up for grabs.

OK, this is actually what I was initially assuming.

Did the Crown truly own the land in the first place? Did every colonist or firm sign a contract with the British Empire?

But it doesn’t matter if they owned it in the first place. The landlord in my example didn’t own it before he hired the construction workers. He hired five construction workers. Only one of them signed an agreement. The one who signed the contract that he was going to get other laborers to help him. The construction worker descendant who now claims ownership over the house was one of the ones who didn’t sign the contract. Does that make his claim more valid?

You are making huge leaps in logic and rewriting history. Never did the colonists contractually give their land to the Royal Family, while the tenant does have a contract with his or her landlord.

Nope. The tenant never signed a contract with the landlord. Does that mean the landlord can’t ask him to pay or leave?

If the tenant agreed to pay the $50 then nothing was stolen. If the tenant refuses to pay the rent and doesn’t leave the landlord’s property, then he is a thief and can be evicted. If the landlord, by gunpoint, is demanding that the tenant give him $50 a week then obviously the landlord is engaging in theft. Why is this so hard to understand?

What if the landlord points the gun at the tenant and says, “pay me $50 or leave the house”? That’s what the government does. It won’t force you to pay property taxes if you leave the country. If the landlord isn’t a thief, then how is the government?