2013-06-01

Haves and have-nots IV

The difference between the property discussed by Locke (physical) and the property I discussed last time (intellectual) has not escaped me. It is nevertheless important to consider them in the same vein. You will recall that the Romans redefined "freedom" in terms of "property" and we've been following this line of reasoning ever since. Locke's contribution to the discussion was that what we work should be considered ours, but when this line of thought is pursed back to its roots, it becomes questionable at best (and it is why Proudhon so convincingly argued that property is ultimately theft, but that's another story). What I would like to have you think about is what it is that is actually "ours".

We know that physical property has its problems, but what about intellectual property? Why do we think that this is solely and completely our own? There are a couple of ways of approaching the issue. One -- a favorite today -- is financial (that is, money-based). Someone writes a song, it becomes popular and a naive teenager downloads it without permission. It would seem to me, and my experience with adolescents bears this out, that a simple "that's wrong, don't do it anymore" can be more effective than suing the parents for tens of thousands of dollars that they cannot ever pay. Or, what about so-called scientific publications? These are almost exclusively produced through public funding (i.e., grants). Why do the rights to these then reside with the authors or the publishers that arrange for their distribution? This seems highly questionable since the public has in essence paid for the results, so why does the public have to pay to obtain them? (If you think this is made up, search for "Aaron Schwartz" and ask yourself why he was facing 37 years in prison.) The reasoning that allows this absurdity to arise, of course, is Locke's. That's why the two kinds of property, at bottom, are really not all that different after all.

There was a time, and there was an attitude that most things were there for the common good. Granted, the nobility and aristocracy of all times tried to convince us otherwise, but with the dawning of a more democratic understanding of reality, it became clear that some old ideas needed to be thought through again. Maybe those who have gathered more than others now think that this entitles them to more as well. This would be erroneous. In a society, there may be richer and poorer citizens, but that should have nothing to do with their rights as citizens. If it does, something is fundamentally wrong. And if something is fundamentally wrong, it needs to be set right.

At the latest when we traded our society for a mere economy, we tacitly changed the way we view people. My guess it was unwittingly, but now that we are aware of what we have done, we need to think this all through again. Property is questionable, property rights even more so. What remains are human rights, and they need to be re-established to their proper position in our thinking. Human rights take precedence over property rights.

And, that's the first step. No more, no less. Once we get the order right, many things will change all by themselves, and we'll be at least headed in a more just, more humane direction. The first step isn't a revolution, it is a mere change of mind. Change your mind.


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