Roy, merely stating things like "gibberish, lie, logically incorrect, indisputable, etc.," -- those don't actually count as arguments or refutations.
I specifically stated that the legal definition was irrelevant to this discussion.
But you didn't state why. I not only state that they are relevant, I present arguments as to why - as it goes to the heart of "ownership" as distinguished from the expanded normative concept of "rights of ownership".
You still haven't provided a source for your definitions, and even if you had you would be equivocating.
Go back and read the post again, Roy. The one that destroyed your arguments. Every definition had a link to its source. Just click on each word. And I am willing and able to provide more - MUCH MORE - upon request.
Merely asserting that I am equivocating is absolutely meaningless without an actual argument, or explanation, Roy. You have to actually argue WHY you believe it is an equivocation, or else it is completely meaningless. Make your arguments, Roy. Don't expect anyone to read your mind. It is difficult enough to decipher your meaning, even when you actually make the attempt, but it is virtually impossible otherwise.
Why can't you ever remember that theft does not transfer ownership, and that fact PROVES YOU WRONG?
No, as I clearly wrote, using
common [sourced] definitions, theft transfers "possession and control", and therefore ultimate ownership, should that theft never be resolved (i.e., society or the state cannot effect recovery via a forcible animal control and possession based on moral or legal claims to the contrary).
Theft is a forcible animal transfer of possession and control from one entity to another which conflicts with a legal or moral right, or "claim", on possession and control. What a theft does not
necessarily confer or transfer is a "right of ownership", legally or morally speaking (although sometimes it does, as will be shown below).
A legal or moral "right of ownership" is different from mere possession and control. It is an abstract normative construct that relates to the
ultimate "moral or legal claim" to possession and control, regardless of immediate possession and control by anyone else. That is why I can own a backhoe, but allow you to borrow or rent it from me for a fee, and still retain
legal ownership of it. Although you possess and control it for a time, my title, or "legal claim to possession and control", along with our contract, is what assures me that your mere possession and control does not confer "legal ownership", since I have the ultimate legal right to forcibly possess and control it (e.g., you keep it longer than we agreed, or fail to make payment).
Wrong. By your "logic" they HAVE no moral right, as ownership is defined solely by possession and control.
Here is where your lack of logic kicks in, as you fail to distinguish and understand entirely different concepts related to the same thing. There are three concepts here:
- A fact of ownership - absent any legal right to the contrary, it is defined as mere possession and control
- A legal right of ownership - state recognition of an ultimate right of (claim on) possession and control (regardless of actual possession and control)
- A moral right of ownership - an internal (sometimes societal) sense of entitlement or claim to an ultimate right of possession and control. A moral right of ownership can be based on mere possession and control and/or a legal right of possession and control.
Each of these are separate concepts. None are necessarily inclusive or mutually exclusive of the others. Any combination can exist together. I can have ownership, or possession and control, without a legal or a moral right. I can have a legal right of possession and control, but no moral right, and no ability to have possession or control. I can have a moral right of possession and control without possession and control or a legal right to such.
A moral right of ownership is a normative claim -- an internal claim of entitlement to ultimate possession and control, without regard to whether there is a legal claim, or whether possession and control actually exists, or can even be realized.
EXAMPLE: The Silver Rush at MF Global
The trustee overseeing the liquidation of the failed brokerage has proposed dumping all remaining customer assets—gold, silver, cash, options, futures and commodities—into a single pool that would pay customers only 72% of the value of their holdings. In other words, while traders already may have paid the full price for delivery of specific bars of gold or silver—and hold "warehouse receipts" to prove it—they'll have to forfeit 28% of the value.
That has investors fuming. "Warehouse receipts, like gold bars, are our property, 100%," contends John Roe, a partner in BTR Trading, a Chicago futures-trading firm. He personally lost several hundred thousand dollars in investments via MF Global; his clients lost even more. "We are a unique class, and instead, the trustee is doing a radical redistribution of property," he says.
Roe and others point out that, unlike other MF Global customers, who held paper assets, those with warehouse receipts have claims on assets that still exist and can be readily identified.
In the above example, even though the trustees may indeed have the
power to effectively override a legal title of ownership (a proven prior existing
legal right of possession and control), exercising this power will do
nothing to override the completely separate
moral right of ownership upon which that legal title can be proved and was based - nor will that moral right of ownership have anything to do with whether actual possession and control is ultimately achieved by those who actually do have
both a legal and a moral right.
The trustees who do take possession and control of allocated assets may indeed exercise
the power, regardless of legal authority, to effect a transfer of ownership (forcible animal possession and control) by virtue of THEFT -
without a moral OR a legal right.
States indisputably ALREADY HAVE legal control of land without owning it.
OR THE PEOPLE THEMSELVES - in the case of the US Constitution.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Disputably. There are enumerated federal powers, and prohibition limits on state powers, or so-called "legal control", which extend even to land. And even in the absence of a state, and state recognition, people exercised power and control - ownership, whether later recognized by the state or not - or even "society" - over lands.
This makes his preferred (and only) definition based on societal recognition, as the sole basis of ownership. Thus, it is not possible, in Roy's mind, for anyone on Earth to have had "ownership" of ANYTHING - EVER - without the prior existence of a state.
Bait and switch, Steven, very dishonest. Society existed before states, and the state is not society. You just dishonestly substituted "state" for "societal."
You are the one who stated that
"...societal recognition is key to ownership" and that
"State enforcement is the formal codification of societal recognition." Substitute state for society and it makes no difference, as I am the one who proved, by common (sourced) definition,
that ownership does not require EITHER. The essence of ownership in its most fundamental form REQUIRES NO RECOGNITION OR ENFORCEMENT - only possession and control - the "rights of" which only pertain thereto as "claims" on the same.
A lone man walking in a desert finds an oasis with a wellspring and fills his canteen with water. That man possesses, controls, and therefore "owns" that water. That is fundamental ownership, having NOTHING whatsoever to do with society, states, rights, claims, recognition, morals, privileges, or anything else. That state, or fact of ownership, exists without regard to a single other human being, and would exist even if he was the only human being on the face of the Earth. And he could just as easily "disown", or "dispossess" himself of that same water by pouring it out into the sand.
Likewise, that same man could steal a canteen full of water from a fellow desert traveler while he slept, and would thereby become the new owner. Not the "rightful owner", as right has nothing to do with it. Just the new owner. As quickly as the theft occurred and was successful, ownership - by theft alone - would transfer.
States arise largely to defend ownership of products of labor.
Now that really is some blithering gibberish (and note that I don't just assert such a thing, as that would also be gibberish - I also state why). States arise largely for any number of reasons - often to defend ownership of "the state", which is to say possession and control of everything desired by those who establish the state. See that, Roy? States can be brutal dictatorships or anything else, which arise largely to defend their own interests. Furthermore, states that arise to defend ownership of anything at all can MUTATE into entities which do nothing but defend the interests of the state (i.e., those who benefit most from the state) alone.
Theft does not effect a transfer of ownership, and that fact indisputably proves you wrong.
Tell that to MF Global and the trustees. Tell that to Congress, who transferred ownership (absolute mastery and unlimited control) of the public currency to the privately owned and controlled Federal Reserve. Tell that to Roosevelt, who allowed, facilitated, and later even committed theft on untold wealth from American citizens, while allowing the title, or right of ownership of what was once their gold to transfer to the Treasury, Fed banks, foreigners, and foreign interests, all of whom retained their right to own gold -- which he fully acknowledged. Tell it to the Irish, the Native Americans and the Nepalese. There is no equivocation there. These are all examples of what many consider THEFTS which indeed effected a transfer of ownership.
Now go back to my sources and refute them. Or, ask for more sources and I will provide them.
Definitions are the long way of saying a word. Everywhere you see "ownership" substitute "possession and control" (or whatever, using your own sourced definition). Thus a "right of ownership" is a tautology for "right of possession and control". You can expand this tautology with an expansion of the word "right":
Legal Rights
Rights are perfect and imperfect. When the things which we have a right to possess or the actions we have a right to do, are or may be fixed and determinate, the right is a perfect one; but when the thing or the actions are vague and indeterminate, the right is an imperfect one. If a man demand his property, which is withheld from him, the right that supports his demand is a perfect one; because the thing demanded is, or may be fixed and determinate.
Thus, in the case of a title, a right of ownership, as a [very relevant] legal definition, is a "perfect right of possession and control". Not "possession and control" but the
"perfect right of" possession and control (aka
"claim to" possession and control).