If you’ve not seen it, please see the earlier post, “(private) property is theft,” before reading this one.
The first man who, having enclosed a piece of land, took it into his head to say, ‘This is mine,’ and found people simple enough to believe him, was the true founder of civil society. The human race would have been spared endless crimes, wars, murders, and horrors if someone had pulled up the stakes or filled in the ditch and cried out to his fellow men, ‘Do not listen to this impostor! You are lost if you forget that the fruits of the earth belong to everyone, and the earth to no one!’ — Jean-Jacques Rousseau, Discourse on Inequality (1755)
“In ‘our’ [scare quotes added] philosophical tradition, arguments about the justification of property have often been presented as genealogies: as stories about the way in which private property might have emerged in a world that was hitherto unacquainted with the institution.” — Jeremy Waldron
Waldron’s Stanford Encyclopedia of Philosophy (SEP) entry, “Property and Ownership,” from which this quote was taken, does not deal with these or comparable ideas outside of the Western philosophical tradition. Furthermore, he has a rather strange conclusion to the section on “Genealogies of Property:”
“Finally, we should not forget that not all genealogies set out to flatter the practices or institutions they purport to explain. Karl Marx’s account of primitive accumulation (1976 [1867]) and Jean-Jacques Rousseau’s non-normative description of the invention of property in the Discourse on the Origins of Inequality (Rousseau 1994 [1755]) are genealogies written more in a Nietzschean spirit of pathology than as part of any quest for justification [‘pathology’ is here bettered rendered ‘ideology’ in a Marxist sense]. Such negative genealogies remind us of the importance of Mill’s observation that in approaching the justification of private property we must remember that, ‘we must leave out of consideration its actual origin in any of the existing nations of Europe’ (Mill 1994 [1848]: 7).” [But see Cohen below]
Cf.: “Libertarians, or, to name them more accurately, entitlement theorists, maintain that the market legitimates the distribution of goods it generates. But every market-generated distribution is only a redistribution of titles that buying and selling are themselves powerless to create, and the upshot of market activity is therefore no more legitimate than the titles with which it operates. How, then, to the titles that necessarily precede market activity acquire legitimacy in the first place?
On any characterization of private property, the question of what constitutes a rightful original acquisition of it enjoys a certain priority over the question of what constitutes a rightful subsequent transfer of it, since, unless private property can be formed, it cannot, a fortiori, be transferred. But, in virtues of the way entitlement theorists characterize private property, the priority of the question of how it may be appropriated is, for private property as they understand it, even more marked. For private property in entitlement discourse is property in what is sometimes called ‘the full liberal sense.’ It is decked out with all the rights that could conceivably attach to private property; and, once an original acquisition of such plenary private property is achieved, then no separate question about its transfer can arise, since the full complement of private property rights includes unfettered rights of transfer and bequest. [….]
Note that even now not everything around us is privately owned, and most people would agree that what remains privately unowned, such as the atmosphere we breathe and the pavements we tread [as well as public parks, sewer and water lines, libraries, etc.], should not be available for privatization [the privatization of public utilities and Right’s rhetoric against public education are but two examples where privatization is gaining ground in areas heretofore thought out of bounds]. But the better part of what we need to live is, by now, private property Why was its original privatization not a theft of what rightly should (have continued to) be held in common?
The question would not arise if a certain false thing that [Robert] Nozick [in Anarchy, State and Utopia, 1974] says were true, namely, that ‘things come into the world already attached to people having entitlements over them.’ That is relevantly false, since people create nothing ex nihilo, and all external private property, either in fact or morally (or is made of something that was made of something that was once not private property, or is made of something that was made of something that was made of something that was once not private property, and so on). If the history of anything that is now privately owned there was at least one moment at which something privately unowned was taken into private ownership. If, then, some claims a Nozick-like right to something he legally owns, we may ask, apart from how he in particular came to own it, with what right it came to be anyone’s private property at all.” — G.A. Cohen, Self-Ownership, Freedom, and Equality (Cambridge University Press, 1995): 72-73.
* * *
It is of considerable interest, I think, that Mohandas (‘Mahatma’) K. Gandhi criticized capitalism on two grounds similar in spirit to those of Marx, to wit: “First, the concept of private property lying at its base was logically incoherent and subversive of the social order. Second, it had profoundly inhuman consequences.
The concept of private property was logically incoherent for two reasons. First, there was no logical basis on which a man could claim exclusive ownership of the products of his labour. Born a debtor, he remained one all his life. His powers, capacities, character and energies were all socially derived, and hence not his private property, but a social trust to be responsibly used for the well-being of his fellow-men. Second, the efforts of countless men and women flowed into one another to produce even a simple object, rendering it impossible to demarcate the distinctive contribution of each. Their efforts further occurred within the context of the established social order whose silent and unnoticed but vital contribution could not be ignored either. Even as an event was caused by a number of factors operating against the background of a given set of conditions such that none of them could arbitrarily abstracted and called its cause, so no direct relationship could ever be established between the specific activity of an individual and a specific result [well, consider what occurs in criminal law!]. [….]
For Gandhi, private property was subversive of the social order because it conflicted with the fundamental principles underlying and sustaining it. The customs, values, traditions, ways of life and thought, habits, language, and educational, political and other institutions constituting a social order were created by the quiet co-operation and the anonymous sacrifices of countless men and women over several generations, none of whom asked for or could ever receive rewards for all their efforts. [….] The institution of private property rested on the opposite principles and breathed a very different spirit. It stressed selfishness, aggression, exclusive ownership, narrow individualism, a reward for every effort made, possessiveness and a right to do what one liked with one’s property.” — Bhikhu Parekh, Gandhi’s Political Philosophy: A Critical Examination (University of Notre Dame Press, 1989): 134-135.
Incidentally, Gandhi also thought that modern civilization “involved an egregious amount of violence against nature, which was largely seen as man’s property to do with it what he liked. Its resources were ruthlessly exploited and its rhythm and balance [its ecological principles] disturbed, and the animals were freely killed or tortured for food, sport, fancy clothes and medical experiments.” This was but one aspect of his view that modern civilization itself “rested on and was sustained by massive violence,” such that it “’oozed from every pore’ of modern society and had so much become a way of life that modern man could not cope with his relations with himself or other men without translating them into the military language of conflict, struggle, mastery, subjugation, domination, victory and defeat.” Parekh: 25-26.
Further Reading
- Aoki, Keith. Seed Wars: Controversies and Cases on Plant Genetic Resources (Carolina Academic Press, 2008).
- Balick, Michael J. and Paul Alan Cox. Plants, People and Culture: The Science of Ethnobotany (CRC Press, 2021).
- Barlow, Maude and Tony Clarke. Blue Gold: The Fight to Stop the Corporate Theft of the World’s Water (The New Press, 2004).
- Bhattacharya, Neeladri. The Great Agrarian Conquest: The Colonial Reshaping of a Rural World (Permanent Black, 2018).
- Brockway, Lucille H. Science and Colonial Expansion: The Role of the British Royal Botanic Garden (Yale University Press, 2002).
- Charles, Daniel. Lords of the Harvest: Biotech, Big Money, and the Future of Food (Basic Books, 2002).
- Christman, John. The Myth of Property: Toward and Egalitarian Theory of Ownership (Oxford University Press, 1994).
- Cohen, G.A. History, Labour, and Freedom: Themes from Marx (Oxford University Press, 1988).
- Coombe, Rosemary J. The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law (Duke University Press, 1998).
- Dalrymple, William. The Anarchy: The East India Company, Corporate Violence, and the Pillage of an Empire (Bloomsbury Publishing, 2019).
- Desai, Meghnad. Marx’s Revenge: The Resurgence of Capitalism and the Death of Statist Socialism (Verso, 2002).
- Drèze, Jean, Amartya Sen, and Athar Hussein, eds. The Political Economy of Hunger: Selected Essays (Oxford University Press, 1995).
- Frankel, Francine R. India’s Green Revolution: Economic Gains and Political Costs (Princeton University Press, 1971).
- Ghosh, B.N. Beyond Gandhian Economics: Towards a Creative Deconstruction (Sage Publications, 2012).
- Glaeser, Bernhard, ed. The Green Revolution Revisited: critique and alternatives (Routledge, 2011 [1987]).
- Gliessman, Stephen R. Agroecology: The Ecology of Sustainable Food Systems (CRC Press, 3rd ed., 2015).
- Godoy, Angelina Snodgrass. Of Medicines and Markets: Intellectual Property and Human Rights in the Free Trade Era (Stanford University Press, 2013).
- Gosseries, Axel, Alain Marciano and Alain Strowel. Intellectual Property and Theories of Justice (Palgrave Macmillan, 2008).
- Griffin, Keith. The Political Economy of Agrarian Change: An Essay on the Green Revolution (Harvard University Press, 1974).
- Hsu, Elisabeth and Stephen Harris, eds. Plants, Health and Healing: On the Interface of Ethnobotany and Medical Anthropology (Berghahn Books, 2012).
- Iyer, Raghavan. The Moral and Political Thought of Mahatma Gandhi (Oxford University Press, 1st ed., 1973/Concord Grove Press, 2nd ed., 1983).
- Iyer, Raghavan. Gandhian Trusteeship in Theory and Practice (Concord Grove Press, 1985).
- Kenny, Martin. Bio-technology: The University-Industrial Complex (Yale University Press, 1986).
- Kleinman, Daniel Lee. Impure Cultures: University Biology and the World of Commerce (University of Wisconsin Press, 2003).
- Kloppenburg, Jack Ralph. First the Seed: The Political Economy of Plant Biotechnology (University of Wisconsin Press, 2nd ed., 2004).
- Kohli, Atul. Imperialism and the Developing World: How Britain and the United States Shaped the Global Periphery (Oxford University Press, 2020).
- Magdoff, Fred, John Bellamy Foster, and Frederick H. Buttel, eds. Hungry for Profit: The Agribusiness Threat to Farmers, Food, and the Environment (Monthly Review Press, 2000).
- Magdoff, Fred and Brian Tokar, eds. Agriculture and Food in Crisis: Conflict, Resistance, and Renewal (Monthly Review Press, 2010).
- Mgbeoji, Ikechi. Global Biopiracy: Patents, Plants, and Indigenous Knowledge (Cornell University Press, 2006).
- Mirowski, Philip. Science Mart: Privatizing American Science (Harvard University Press, 2011).
- Mooney, Pat R. Seeds of the Earth: A Private or Public Resource? (Inter Pares, 1979).
- Nazarea, Virginia D., Robert E. Rhoades, and Jenna Andrews-Swann, eds. Seeds of Resistance, Seeds of Hope: Place and Agency in the Conservation of Biodiversity (University of Arizona Press, 2013).
- Patel, Raj. Stuffed and Starved: The Hidden Battle for the World Food System (Melville House Publishing, 2007).
- Pearse, Andrew. Seeds of Plenty, Seeds of Want (Oxford University Press, 1980).
- Penner, J.E. The Idea of Property in Law (Oxford University Press, 1997).
- Perelman, Michael. The Invention of Capitalism: Classical Political Economy and the Secret History of Primitive Accumulation (Duke University Press, 2000).
- Posey, Darrell A. and Graham Dutfield. Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities (International Development Research Centre, 1996).
- Purdy, Jedediah. The Meaning of Property: Freedom, Community, and the Legal Imagination (Yale University Press, 2010).
- Ross, Eric B. The Malthus Factor: Poverty, Politics, and Population in Capitalist Development (Zed Books, 1998).
- Ryan, Órla. Chocolate Nations: Living and Dying for Cocoa in West Africa (Zed Books, 2011).
- Sen, Amartya. Poverty and Famines: An Essay on Entitlement and Deprivation (Oxford University Press, 1981).
- Shaikh, Anwar. Globalization and the Myths of Free Trade: History, Theory and Empirical Evidence (Routledge, 2013).
- Shiva, Vandana. The Violence of the Green Revolution: Third World Agriculture, Ecology and Politics (Zed Books, 1991).
- Simpson, Christopher, ed. Universities and Empires: Money and Politics in the Social Sciences during the Cold War (The New Press, 1998).
- Slaughter, Sheila and Larry L. Leslie. Academic Capitalism: Politics, Policies, and the Entrepreneurial University (Johns Hopkins University Press, 1997).
- Solovey, Mark. The Politics-Patronage-Social Science Nexus in Cold War America (Rutgers University Press, 2013).
- Solovey, Mark and Hamilton Craven, eds. Cold War Social Science: Knowledge Production, Liberal Democracy, and Human Nature (Palgrave Macmillan, 2012).
- Teitelman, Robert. Gene Dreams: Wall Street, Academia, and the Rise of Biotechnology (Basic Books, 1989).
- Thackray, Arnold, ed. Private Science: Biotechnology and the Rise of the Molecular Sciences (University of Pennsylvania Press, 1998).
- Waldron, Jeremy. The Right to Private Property (Oxford University Press, 1988).
- Waldron, Jeremy, “Property and Ownership,” The Stanford Encyclopedia of Philosophy (Summer 2020 Edition) Edward N. Zalta, ed. https://plato.stanford.edu/archives/sum2020/entries/property
- Warren, D. Michael, L. Jan Slikkerveer, and David Brokensha, eds. The Cultural Dimension of Development: Indigenous Knowledge Systems (Intermediate Technology Publications, 1999).
- Wong, Tzen and Graham Dutfield, eds. Intellectual Property and Human Development: Current Trends and Future Scenarios (Public Intellectual Property Advisors/Cambridge University Press, 2011).
- Wood, Ellen Meiksins. The Origin of Capitalism: A Longer View (Verso, 2017).
- Zimmer, Karl S. Changing Fortunes: Biodiversity and Peasant Livelihood in the Peruvian Andes (University of California Press, 1996).
Related Bibliographies (embedded links)
(i) Salvador Allende and the Quest for Socialism; (ii) Samir Amin; (iii) Anarchism; (iv) Beyond Capitalist Agribusiness: Toward Agroecology & Food Justice; (v) Beyond Capitalist-Attenuated Time: Freedom, Leisure, and Self-Realization; (vi) Beyond Inequality: Toward the Globalization of Welfare, Well-Being and Human Flourishing; (vii) Capitalist and Other Distortions of Democratic Education; (viii) Democratic Theory and Praxis; (ix) Global Distributive Justice; (x) Health: Law, Ethics & Social Justice; (xi) C.L.R. James: Marxist Humanist & Afro-Trinidadian Socialist; (xii) The History, Theory & Praxis of the Left in the 1960s; (xiii) Marxism; (xiv) Marxism and Freudian Psychology; (xv) Toward a Marxist Theory of International Law; (xvi) Otto Neurath & Red Vienna: Mutual Philosophical, Scientific and Socialist Fecundity; (xvii) Sullied (Natural & Social) Sciences; (xviii) Toward Green Socialist Democracy; (xix) Utopian Thought, Imagination, and Praxis; and (xx) Workers, the World of Work, and Labor Law.