Thanks zefreak, I suspected Rothbard would give me my answers. I’ll head back to the Ethics of Liberty, which takes an awful lot of digesting.
I’m still unsure what happens when the theft IS traceable, and two valid owners can be identified. Who is the rightful owner? The original one? If so, does the new owner basically lose the right to recompense because he didn’t do his research?
yes, the original one. he is the only valid owner. there is no confusion.
the ‘newer’ owner has no right ‘against’ the original owner’ but certainly he was defrauded by the thief, or whomever sold it to him under the pretence that the goods were not stolen goods. so the ‘new owner’, has claims against who sold it to him, (there could well be a regression of claims right back to the thief if the item had changed hands many times)
Please read more precisely.
Excellent work.
I think Marko is correct about both points. The phrase “Cultural Property” isn’t a very logical one. When it’s used as a way of appropriating objects from their rightful owners, it’s completely wrong.
Many Cultural Property disputes take the form of ownership claims that don’t make sense. For example Egyptian officials believe the Nefertiti bust should be returned in spite of possible valid ownership by Germany. They feel Germany doesn’t “deserve” to keep the bust because it’s emblematic of a significant part of Egyptian history. My answer to that is that national identity isn’t the same as cultural identity, and in fact neither is inherent. A bust of Nefertiti is significant because it is emblematic of a part of human history. Any museum who obtained it in a valid way would be as deserving of it as any other.
I’ll just read my Rothbard and I’m sure I’ll find all my answers about the other question. In general, it seems like the Libertarian solution is the most simple and obvious one.
Sure he is. The latter was obvious, the former was based on poor comprehension. I didn’t say culture was collectivist, I said ;
Culture, state, religion etc are all static concepts of identification
It usually is. Now the problem is, trying to convince non-Libertarians that property is very simple, and culture, race, emotions are not necessary components of justice.
Give me a hand then;
What is “collectivism at its maxim”?