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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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Re: Birthright [Re: shroomydan]
    #7092464 -

Quote:
The short answer is property rights laws are abstractions created by people in an attempt to find a fair way to share the resources of the earth.



Well there's your first mistake. Property rights laws have nothing to do with sharing. Property rights are an extension of the right to self defense.



Phred


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Re: Birthright [Re: Phred]
    #7092512 -

say more

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Re: Birthright [Re: shroomydan]
    #7092659 -

Does a human -- once born -- have the right to attempt to further his existence? That is to say, to attempt to keep living?

If you answer affirmatively, it necessarily means you agree he has the right to attempt to acquire and to keep that which he requires to further his existence (otherwise known as property). Further, it necessarily follows that he has the right to defend that property from other humans attempting to seize it from him. This defense of his property is literally a necessary part of self-defense -- it does you no good to successfully keep some human predator from stabbing or shooting you if you allow him to strip you naked and seize everything you own. If he does that, you will die as surely as if he had sliced your carotid arteries wide open -- it will just take a little longer.

To bring this back to the question of inheritance --

Once a human has justly acquired property (i.e. acquired it without violating the rights of other humans) it is HIS property, and he has the right to either retain it or to transfer it to other humans of his choosing -- as part of an exchange or as an outright gift. That property transfer can be handled as an instantaneous act (exchanging five bucks for an umbrella at a gas station checkout counter, or giving a panhandler a buck as a gift) or as part of a contract (wherein certain conditions must be met before the transfer of property is completed).



Phred


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Re: Birthright [Re: Phred]
    #7092762 -

Quote:
Once a human has justly acquired property (i.e. acquired it without violating the rights of other humans) it is HIS property, and he has the right to either retain it or to transfer it to other humans of his choosing




This is your position, but it begs the question against mine. Property is just what we decide it is.

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Re: Birthright [Re: shroomydan]
    #7092911 -

You never answered the key question. Here it is again --

Does a human -- once born -- have the right to attempt to further his existence? That is to say, to attempt to keep living?

There's no point going further if you don't agree the answer to this is "Yes". If your answer is "No," then of course you will believe property is "just what we decide it is".



Phred


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Re: Birthright [Re: Phred]
    #7092922 -

I'm sorry Phred. I thought it went without saying that all living things have not only a right but a responsibility to continue being.

Edited by shroomydan (06/26/07 10:10 AM)

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Re: Birthright [Re: shroomydan]
    #7094215 -

shroomydan said:
If it seems unfair to you because the government taxes the money twice, then tell me how it is fair that some people inherit money and land while others have to work for it. That does not seem fair to me.




I actually agree with you concerning the estate taxes, as a necessary means by which we ensure that all of this money doesn't collect in the hands of a few. Call it a mandatory investment in society, if you will. Think about playing Monopoly, once you have all of those hotels, there aren't any left for anyone else to purchase, and no hotels for others to profit off of in order to pay those enormous rates to stay in those hotels held by another. :smirk:

Its entirely reasonable, especially considering that, the more money you have, the easier and easier it is to make more money from that money. So I'm with you on that one. Regarding inheritance itself, however, I think it is perfectly reasonable that someone can make a decision as to who to leave their property to. Why not? Until we, as a society, remove all notions of the association known as family from our society, then it only makes sense that we would allow others to inherit our goods. :wink: I agree with you that it should be taxed when it changes hands, though, once we are dealing with a certain dollar amount. That amount might be arbitrary, but the cost of someone living a billion dollar high life is quite a few people living a thousand dollar lifestyle, and I don't see why, from the viewpoint of society as a whole (we aren't just individuals), such a wide disparity should be allowed.


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:redpanda:
If I should die this very moment
I wouldn't fear
For I've never known completeness
Like being here
Wrapped in the warmth of you
Loving every breath of you

:heartpump: :bunnyhug: :yinyang:

:yinyang: :levitate: :earth: :levitate: :yinyang:

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Re: Birthright [Re: Phred]
    #7094466 -

Phred said:
Does a human -- once born -- have the right to attempt to further his existence? That is to say, to attempt to keep living?



Yes. Women too.

Quote:
If you answer affirmatively, it necessarily means you agree he has the right to attempt to acquire and to keep that which he requires to further his existence (otherwise known as property).



How are you coming to this conclusion? I don't see the link between A and B, and you are claiming it is self evident.

Quote:
Further, it necessarily follows that he has the right to defend that property from other humans attempting to seize it from him.



I agree that granting one a right to property and then denying him the right to protect/keep/defend it is pointless. I still don't see how a right to existence is married to a right to own property, in particular if it is land.

Quote:
This defense of his property is literally a necessary part of self-defense -- it does you no good to successfully keep some human predator from stabbing or shooting you if you allow him to strip you naked and seize everything you own. If he does that, you will die as surely as if he had sliced your carotid arteries wide open -- it will just take a little longer.



HUH? I don't understand how not having any posessions would kill you. Aesthetes have been renouncing posessions for thousands of years all over the world. Entire societies function without private property. Before humans owned things they were more vulnerable to predators and disease but they still flourished. You need to explain your logic better or readjust your argument.

For the record, I side with your conclusions over ShroomyDan's that a society in which we are allowed to own things and keep them and pass them on to our children is preferrable to communism. I don't agree at all that property rights are an extension of self-defense or are tied to "life, liberty and the pursuit of happiness," which I see as universal, timeless, and unalienable.

Rather the right to property is an agreement of the citizens of a social structure that they want to own their own stuff and tend to it. The relationship between people, what they own, and the government is constantly in flux. I think you would be hard pressed to find a government or a citizenry for that matter that would be interested in allowing citizens to own anything and everything. For example: nuclear or biological weapons, lake michigan, the New Jersey Turnpike, etc. The citzenry have an interest in having the government own certain things.


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:hst:
Society in every form is a blessing,
but government at its best is but a necessary evil
 
- Thomas Paine

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Re: Birthright [Re: shroomydan]
    #7095230 -

shroomydan said:
Don't speak to me as if I am a child. I am probably older than you.



Not likely, and I will speak to you as I deem your intellect, whether that of a child, a student or an adult. I will not be commanded.
Quote:


Tell me your theory on property rights, because it seems to me as if you somehow think they are absolute, which is wrong.



This is humorous, that you feel you are the arbiter of what is right or wrong. "Mistaken" or "incorrect" I could accept but the arrogance of that "wrong" reminds me of, well, myself, because I can never be wrong. Except about fucking racehorses, the pieces of future dog food they are. Now, that that's taken care of we can move on.


I will let Phred handle the philosophical wankfest that seems to be unfolding regarding natural rights. (gluke bastid, Phred's going to explain how your food is property). I tend to disagree with Phred on natural rights but that is not this discussion. This discussion is about practical legal matters which are adjudicated by proper legal entities, whether they have a natural right to govern or merely a practical one. I'm going to capitalize it for you. WHAT RIGHT DO YOU HAVE TO TAKE MY PROPERTY? None of course. So then, I have lived my life, I have accumulated things in the course of my life, things that I received in return for what I gave to others. I have accepted and fairly (or unfairly, but nevertheless) paid by the rules of the governing authority. I have shared away far more than has been shared toward and have managed to amass certain properties (moneys, real estate, dildo collections). Why should you get even 1 inch of my cheapest dildo when I die? Is it because I have more dildoes than you? More dildoes than I need? More dildoes than any one person should have? I've already given tens of thousands of dildoes to the public good, as per the dildo disbursement laws. Why should I have to give more because I made the foolish decision to die.

Communal property? An oxymoron.


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Re: Birthright [Re: zappaisgod]
    #7095552 -

: lol :

There are some fuzzy areas, but judging between right and wrong is pretty easy most of the time.

Phred's link between property and self defense is valid, I think, but only to a point. The human animal requires possessions to survive. If you steal an Eskimo's coat, he may well die. The natural right to property grounded in the natural right to self defense extends to home, food, clothing, tools of trade, etc. But it does not extend to infinity.

Some natural limits on property rights are easy to discern. Clearly the right to property will be no longer grounded if a person looses his right to self defense. This temporal limit is crossed when a person dies. The right to property extends only to the living. Nobody can take anything from you after you die because you simply cannot have anything when you are dead, to think otherwise is to engage in fiction. Inheritance tax does not tax the dead person. It taxes the recipients of the money. It's like an income tax; people who inherit large sums of money are required to pay taxes on the income from the inheritance. Why should people who earn their income have to pay taxes on it while folks who inherit it do not?


The amount of property to which one is naturally entitled by right of self defense seems to be limited to the amount of property one can physically hold and defend. If a person has more property than he can hold, then he relies on others to defend that property for him, hence no longer self defense. Imagine a man who owns two homes in different states. His claim to the home he lives in is grounded in his right to self defense, but his claim to the other is grounded in social contract; he pays taxes and the police defend the house for him. There are two types of property rights here, one natural and the other conventional. He neither needs the second house for his survival, nor can he defend it himself. I agree with Phred that some property rights are grounded in a a right to self preservation, but this later type will require some other explanation.

Edited by shroomydan (06/26/07 07:31 PM)

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Re: Birthright [Re: JOEBIALEK]
    #7095610 -

JOEBIALEK said:
Birthright is defined as a right, privilege, or possession, such as property, to which one is entitled by birth. In his article "Taking Luck Seriously" Matt Miller suggests that birthright results in the "inherited package of wealth, health, genes, looks, brains, talents and family." Approximately two-thirds {or more} of all wealth in the United States is inherited by birthright. In a recent study conducted at Ohio State University's Center for Human Resource Research, author Jay Zagorsky stated "Intelligence is not a factor for explaining wealth." Therefore, one may draw the conclusion that most business and political leaders are not intelligent. They did not earn their way into powerful positions but rather were manipulated into them because of birthright. This further begs the question: then why are they in charge? Why is it that our country is not run by the best and brightest? Does the merit system stop when one graduates from school? While intelligence is certainly not the only factor in determining who is most fit to lead our society, it is certainly a better measure than birthright. In over two hundred years the United States has failed at overcoming one of the biggest barriers to a just society. We refuse to find a way to limit the benefits of birthright and therefore make for a fairer {and better managed} society.

"A Decade of Executive Excess,'' the sixth annual survey of executive compensation by the Institute for Policy Studies and United for a Fair Economy, finds the ratio of top executive to factory worker pay has exploded this decade from 42 to 1 in 1980 to 419 to 1 last year. Why are we paying these people so much more if they don't have the intelligence and will to act in our best interest? What tangible proof is there that top executives contribute that much more to the successful attainment of corporate goals? Why aren't these executives {Enron} given longer prison terms than car thieves? If intelligence determined corporate leadership rather than birthright, the compensation ratio would be much lower because smart leaders would recognize it as the right thing to do whereas those that are there by birthright simply don't know any better {or care}. It is this ignorance perpetuated by birthright that is leading this country to collapse. Perhaps someday our society will be lead by intelligent people who see their own best interest as having promoted society's best interest.



There's no logic to this. Has there been any studies to prove these paranoid cause and effect relationships?

Edited by Luddite (06/26/07 06:33 PM)

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Re: Birthright [Re: shroomydan]
    #7096261 -

I knew it. You devolved into a wankfest without answering my question.
WHAT RIGHT DO YOU HAVE TO TAKE MY PROPERTY?
Thank you. I'm sure you are percolating some kind of answer. My penis is all atremble.


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Re: Birthright [Re: zappaisgod]
    #7096384 -

I have no right to take your property, unless the right is granted to me by some law, be it a natural law or a positive one.


There are lots of different ways one might gain the right to take someone else's property. Somebody could be sued for damages and the judge rule against him, or maybe his house is in the way of a proposed highway. Every time somebody pays a tax or fee he does not want to pay, somebody is taking his property from him. All these are legal ways that somebody can take somebody else's property. I'm not trying to take your property. I'm only questioning whether what you call your property is really yours. 

What are you going to do? Wave your fists in the air and say " I AM RIGHT AND YOU ARE WRONG!"  :smirk: I think you could probably understand my argument if you read it. I tried to keep it short.

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Re: Birthright [Re: shroomydan]
    #7099982 -

No! I won't give you any money! No! I'm keeping it all! That's right hippy! I'm keeping it all!

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Re: Birthright [Re: shroomydan]
    #7100324 -

shroomydan said:
Inheritance taxes, capital gains taxes, progressive income taxes, and the like are designed to prevent wealth from accumulating in the hands of a few, who would then use that power to oppress the many.




Except it doesn't work.  The very-wealthy know very well how to skirt around the law, and it's a very simple matter to move money to places it cannot be taxed, or tie it up in some phony corporation and pass THAT on after you die.

It punishes those with a little money, who could use it to try and become someone with a lot of money.  But those who already have a lot of money?  It's trivial for them to avoid it entirely.

Quote:
It's like an income tax; people who inherit large sums of money are required to pay taxes on the income from the inheritance. Why should people who earn their income have to pay taxes on it while folks who inherit it do not?



The government already taxed that money when it was earned.



Then again, I doubt you'll see it how I do -- I also am opposed to gift tax, which is just stupid, and sin tax (particularly because I live in a state with one of the highest, if not THE highest, tax rates on alcohol specifically liquor).  Two things which really do not need to be taxed, along with inheretence, but good lord don't say it too loud or else you hate poor people.  :rolleyes:


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i finally got around to making a sig
revel in its glory and quake in fear at its might
grar.

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Re: Birthright [Re: Mushmonkey]
    #7100680 -

It punishes those with a little money, who could use it to try and become someone with a lot of money.

Maybe 5 million is a "little money" to you, but it's a shitload of money to me.


The government already taxed that money when it was earned.

This is definitely the point of contention. The government taxes money when it moves, not when it is earned.

When I get a paycheck they tax the money. When I spend some of the money to buy food, they tax it again. When the grocery store owner gets the money as income they tax it again, and the cycle repeats itself. This idea that money can only be taxed when it is earned is just a myth.

Edited by shroomydan (06/27/07 10:47 PM)

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Re: Birthright [Re: shroomydan]
    #7102573 -

I didn't say that. I only said that they have taxed it enough. And enough and enough and enough. Your right, this is not a wankfest over property rights or natural law or any of that esoteric philosophical bullshit. Sometimes, as in property tax, it gets taken even without moving. That money earned has already been taxed into damn near oblivion. I would like to leave the crumbs that are left to my heirs without having it hammered again. Envy is a sin, too.


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Re: Birthright [Re: zappaisgod]
    #7102580 -

Not for nothing, but I don't think much of the "lucky sperm" club myself. But that just speaks to the level of respect I have for them, not any notion that I have a right to their inheritance myself. One of my favorite quotes of all time was from Jim Bouton in reference to George Steinbrenner. He said, "He was born on third base and thinks he hit a triple."


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Re: Birthright [Re: JOEBIALEK]
    #7211240 -

good points

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Re: Birthright [Re: JOEBIALEK]
    #7213983 -

As someone not affected by the words Life, Liberty, and the Pursuit of Happiness, (as a constitutional commitment) I have wondered for some time now how the definition of these words fits with the reality of what is actually happening. Would someone else care give me their version of what this means in a technical sense.

It seems to me, this would qualify for a crap load of legal issues, even surrounding the topic of inheritance of property. For example, what does it mean to say that you are entitled to life and the pursuit happiness? You could say, a person is "entitled to the pursuit of life and the pursuit of happiness'; or "entitled to life and happiness."
There is a big difference in the way these 3 variations are put. How far does the entitlement to life extend? The streets where killings take place everyday, and seemingly there is no protection? Where is that entitlement to life? Where does the entitlement to life stand with respect to a medical system that lets people die without insurance and money?
Any thoughts?


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You are a fortunate person indeed, if you can begin each day accepting the fact that during that day there will be ups and downs, good breaks and bad ones, disappointments, surprises, and unexpected turns of events.

When you have solved all the mysteries of life you long for death, for it is but another mystery of life.

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