Please note: I am mainly playing devil's advocate here. I consider myself somewhere in the spectrum of libertarian/voluntaryist/anarchist, so I'm not arguing for any type of statism. But I think there is some intellectual weakness at the base of libertarian property rights and I find it interesting to think about if there isn't a more fundamental truth that does not require a nebulous, ill defined, and state-enforced concept of "property".
Again I would be appreciative if anyone can point me towards any written works that address the topics I bring up below.
--------
The economic justification for private property rights is not at all tenuous.
Any argument based on a desired economic outcome is fundamentally a utilitarian/practical argument as opposed to one based on pure ethics/morality/logic. As I stated in my post.
Now, I happen to believe that the most ethically correct and freedom-maximizing society will tend to produce the highest level of economic activity, productivity, technological innovation, etc.
But putting "the economy" before the individual is wrong-headed, in my view.
They lived at subsistence level, died young, and suffered from extraordinary levels of violent crime in comparison to industrial societies...
I think that is an overly-simplistic generalization. Most of them probably lived healthier lives than most of today. Anyway, it is an interesting question why their society did not advance more technologically. Were private property rights the key missing ingredient? maybe, maybe not.
Force is justified in defense of property, on the libertarian view.
And "property" is a uniquely human concept. An artificial construct. It does not exist in nature, except perhaps that a bear will protect its cave, etc. But the moment the bear is gone, it is finder's keepers. Nature does not need lawyers and judges...
So again, what is the moral/ethical/logical basis for this property? You haven't addressed that.
A. That is not a libertarian principle.
B. That right would be physically impossible to exercise. Everyone cannot be in the same place at the same time.
freedom of movement is clearly a more fundamental (natural) right than property. Every animal in their natural state is free to travel as they please. Libertarians (and I count myself as one) purport to believe in "natural rights".
Freedom of travel/movement is exercised every day by most every organism on the planet. In natural law, the main constraint is physics. No one is arguing against that.
But humans go far beyond the natural constraints of physics and instead add legal/societal barriers based solely on force and fear to keep others out.
Does it have to be that way? no. It's just the way it is. Have you ever really thought about it and questioned it?
The alternative to having rules about that is to have the issue settled by violence, law of the jungle.
Aside: you are correct that the only truly natural law is the law of the jungle. A strong and depressing argument can be made that under natural law (ie any state of anarchy) the strongest rise to the top and this will always be the case. ie, the best we can hope for is new boss same as the old boss. This is exactly what we see today. The very strong, powerful and connected at the apex of society.
Another alternative is to become a peaceful species such that one individual would not even consider harming another.
Too idealistic?
Well recall that my first post posited a free society based on the NAP but without private property rights beyond self-ownership. So in such a scenario, basically anything goes up until the point that someone physically aggresses upon another's body. At that point, it is society's role to protect the "victim" and possibly enforce restitution.
-------------
Final thought: property rights are a slippery slope. Let's see what all this concept has lead to:
Code:
mixing labor with the land.
homesteading.
ownership of tangible objects.
ownership of minerals, waters and things beneath the land
ownership of lakes and oceans
ownership of intangible objects.
ownership of electrical frequencies. ( a property of nature. )
ownership of ideas.
ownership of arbitrary written words by default. ( copyright )
ownership of inventions. ( patents )
ownership of words and phrases ( trademarks )
ownership of business practices ( biz patents )
ownership of life processes. ( genetic patents )
ownership of chemical formulas ( eg: big pharma patents )
ownership of others ( slavery! )
And I'm probably leaving out a bunch. Each one of these "properties" is a monopoly held by an individual or corporation to the exclusion of the rest of society by the threat of force.