Roderick Long on Property
I was reading Roderick Long's article, "Land-Locked: A Critique of Carson on Property Rights,"
and came across an argument that left me somewhat skeptical. I've
recently become convinced that appropriation needs to be justified on
the grounds of being a desirable "game," as Schmidtz argues in his
essay, "The Institution of Property."
But I don't want to rule out the possibility that a Lockean approach to
understanding appropriation can be defended, so I figured it might be
useful to spell out my confusion with Long's argument in order to see
whether I (or anyone else) can make sense of any of it.
If I
understood correctly, Long claimed that property rights arise from
self-ownership essentially because "By transforming external objects so
as to incorporate them into my ongoing projects, I make them an
extension of myself, in a manner analogous to the way that food becomes
part of my body through digestion" (91). But I feel like a number of
questions need to be addressed in order to make this a complete theory.
First, what does it mean to "transform" something. I can incorporate all sorts of objects into my projects without physically
transforming them at all, and I think that it makes a lot of sense to
think that a homesteading principle might still want to cite me as
their owner. For example, I might build a fence around a plot of
unowned land, and claim it for my yard. Surely someone who believes in
homesteading as a source of property rights would think that I owned
the fence itself, and the land on which the fence was built. But it
seems like I would also have a pretty reasonable claim for thinking
that the land surrounded by the fence was also mine. Does surrounding
something with a fence constitute a transformation?
If so, it
seems like the transformation would have to be something purely
subjective. But this seems like it would open the theory up to
accusations of over-breadth. For example, if I build my house in a
secluded area with a view of a previously undiscovered beach, do I own
the beach? If I discover a new planet, and construct a telescope that
allows me to gaze at it whenever it's over my house, do I own the
planet? I don't think the answers are obviously "yes."
Further,
I wonder why incorporation into one's projects should have anything to
do with ownership. After all, I can incorporate things into my projects
without owning them at all. My neighbor's house, for example, might
produce a shady patch on my yard in the afternoon, allowing me to plant
certain shrubs which would not have survived if they were exposed to
direct sunlight all day long. Surely I don't need to own my neighbor's
house in order to do this, and while it would certainly entail a
frustration of my plans if my neighbor decided to knock his house down,
it doesn't seem like this involves any violation of my self-ownership.
Approaching
the issue from another direction: given the subjective nature of the
transformation which confers ownership, it seems like we can frustrate
the projects of a property owner without ever physically transforming
an object, by changing the way that the owner views the object, or how
others view the object. Generally, these sorts of things are not
considered violations of property rights. But if property rights can be
understood in the way that Long discussed, why would this be the case?
Also,
the idea that property rights can be understood in terms of the
relationship between an object and a valuer's ends, it seems like we
would be led to an easement-based theory of ownership. But this is not
the generally accepted view of property. Does this mean that we need to
abandon that view?
I'm open to answers; I don't want to be
unfair to this idea, largely because I once accepted it as correct, so
any input would be great.