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Land Rights and Indigenous Peoples

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XulChris posted on Tue, Sep 22 2009 11:32 PM

What is the Austrian School's position on land rights with respect to the Native American peoples?

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XulChris:

What is the Austrian School's position on land rights with respect to the Native American peoples?

There is no, nor can't there be, an Austrian School's position on this. But, the (hasty) libertarian position would be that the Native American's deserve to have their land returned to them. 

To paraphrase Marc Faber: We're all doomed, but that doesn't mean that we can't make money in the process.
Rabbi Lapin: "Let's make bricks!"
Stephan Kinsella: "Say you and I both want to make a German chocolate cake."

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They rejected human ownership.  They have no right to anything according to their own pagan religion.

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Caley McKibbin:

They rejected human ownership.  They have no right to anything according to their own pagan religion.

 

So they do not have a concept of "owning" the land, since the land to them is sacred. Yet, they do have a concept of how to take care of the land.  If some individual does not understand the concept of land rights, does that mean she should not have those rights?

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Yes, it means that they should not be whining later that they own it.  They need to stfu and take their own pill.

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Suggested by DanielMuff

Reparations by Walter Block

The final lecture in a series of ten, presented at the "Radical Austrianism, Radical Libertarianism" seminar, hosted by the Mises Institute. Recorded 07/29/2005 [1:22:02]

10. THE PROBLEM OF LAND THEFT by Murray N. Rothbard

Smile

Ron Paul is for self-government when compared to the Constitution. He's an anarcho-capitalist. Proof.
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The following discussion is from another forum, where the same topic came up:


Quote:
Originally Posted by Nielsio View Post
1. Creation means altering. We don't really create anything in the literal meaning of the word. So creating a shirt out of cotton or creating crops with seeds and sand is no different.
Quote:
Originally Posted by ctyri View Post
Okay, so you created a crop from a seed. Keep the crop. That doesn't entitle you to the land, the airspace, the water, the minerals below the surface, etc., on your farm. None of which you created or even altered.

It takes a lot of alteration to get from this..:



..to this:


( link )

Quote:
In terms of agriculture, amelioration includes:
* Hydrological improvement (drainage, irrigation, leaching of saline soils, landslide and flood control)
* Soil improvement (fertilization, establishment of proper chemical balance).
* Soil stabilization/erosion control
* Road construction
* Afforestation, as a means for both water conservation and land protection against wind erosion (shelterbelts)
[..]

http://en.wikipedia.org/wiki/Land_improvement


So you see, a lot needs to be altered before you can create any crops. And so, the land in the second picture is in active use. This includes [water, minerals, surface, etc], all of which have been altered for production.

If you can use the airspace above or the ground below it without damaging the property that is in active use, then there is no problem.

 

----------

 

Quote:
Originally Posted by chucky View Post
Does first use or first improvement matter more in terms of property.?

Let's a small community has hunted and collected fruits in a woodland area while also growing certain crops in fields adjacent to their homes. A 2nd group moves into the area and begins to fell trees and fence in land for larger community of farms/animal raising and other activities. The first group asks the 2nd group to cease misappropriation of the land. Can the 1st group justly use force to stop the 2nd group if they refuse? The 1st group was using the land first but the 2nd group modified the land substantially more.

Who has right to the property?

I would say hunting and gathering are examples of repeated one-time use instead of active alteration.

Quote:
1.3 Production and Technology
Man is capable of producing things and of developing technology. Animals live a mostly consuming life. They eat something and diminish the amount of things that are available on earth, but they rarely set out to increase the future amount of things available to them.

http://forumserver.twoplustwo.com/sh...5&postcount=55

For example, what if some other tribe came and hunted on the same grounds, or plucked from the same trees? It's hard to see how one tribe has any more right than the other. So it seems that there should be no problem with actually setting out and improving on the land, for production.

Now, in some sense you might say that the hunters are like fisher-men. They don't over-hunt so that the population of prey remains affluent. But homesteading a little plot here and there probably doesn't effect the hunters at all, and over time the hunters can learn from the settlers and so there doesn't have to be a conflict at all.

But yes, it is a tricky situation, particularly when a lot of settlers come in a short amount of time. I do think the people who improve on the land have the upper hand though.

 

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Quote:
Originally Posted by ctyri View Post
So your whole political theory boils down to your own subjective opinion of what "use" means. And using land or resources for activities that you don't deem important enough (like hunting/gathering) allows others to initiate force against those users.

No,

Hunters and gatherers certainly alter things. They pluck fruits and nuts and they hunt animals. Those fruits, nuts and animals then belong to them. But the fruits, nuts and animals that they haven't plucked or hunted are not theirs; they should be free to be plucked and hunted by anyone.

If I pluck an apple from an unowned tree, is it now my tree? No, it is only my apple.

 

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Quote:
Originally Posted by vixticator View Post
Nothing could be more subjective than "improving" the land. To quote the immortal Ricky Watters, for who, for what?
For personal use, which indeed is valued subjectively. But when we are talking about the Neolithic Revolution and the first agrarians, then more food is certainly better than less food.

But once people can produce more than they need for food, then surpluses can be traded on the market and the division of labor can come about. At this point people are producing not only for themselves but for others too. And not what they like, but specifically what they think others will like.
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Caley McKibbin:

They rejected human ownership.  They have no right to anything according to their own pagan religion.

Thats not true.

First of all, "they" constitute a large number scattered across very different locales, with varying ideas about property, second "they" did believe in some forms of property rights.

 

"I am an aristocrat. I love liberty, I hate equality."
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Conza88:

Reparations by Walter Block

One of his most laughable positions. I lost alot of respect for his theories after reading that one. We can presume that Block probably approves of Mugabe's land reform.

But to get to the point of the thread, most libertarians will probably say you shouldnt 'steal their land'.  But this argument reminds me of immigration restriction/border security advocates.  Was the whole of the New World 'their' land?   Had they 'homesteaded' the whole lot of every part of it? (nevermind they had no concept of private property) No, in  fact they had homesteaded very little of it - but this wont stop some libertarians from telling you that whitey needs to move back to the old world to satisfy the ridiculous Blockian notion of 'justice'. 

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what do you think Block says in the talk ?

Where there is no property there is no justice; a proposition as certain as any demonstration in Euclid

Fools! not to see that what they madly desire would be a calamity to them as no hands but their own could bring

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Juan replied on Wed, Sep 23 2009 3:13 PM
I don't think libertarians say that the whole of the new world was homestead, so your post is just one big straw man.

February 17 - 1600 - Giordano Bruno is burnt alive by the catholic church.
Aquinas : "much more reason is there for heretics, as soon as they are convicted of heresy, to be not only excommunicated but even put to death."

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nirgrahamUK:

what do you think Block says in the talk ?

Ok to clarify he has written several pieces about reparations/land reform.  Those are what I was referring to as silly.  I didnt listen to the talk because I dont have to; I already know what his position is.  Basically, since my great-great-great-great grandfather owned about 25 slaves -  fast forward to today - me, who has never owned a slave, now owes their descendants (who were never slaves themselves) money.  I dont think so.

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Juan:
I don't think libertarians say that the whole of the new world was homestead, so your post is just one big straw man.

No, but 'they' (yes, a strawman) almost never elaborate on the point either.

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strawman

its not about whether you've ever owned slaves. but whether you presently own property that can be proven to have been stolen and to have a more rightful owner

Where there is no property there is no justice; a proposition as certain as any demonstration in Euclid

Fools! not to see that what they madly desire would be a calamity to them as no hands but their own could bring

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nirgrahamUK:

strawman

its not about whether you've ever owned slaves. but whether you presently own property that can be proven to have been stolen and to have a more rightful owner

How is it a strawman? He himself used a near identical example to prove that I ought to owe 'back wages'.

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