|
|
| On Property |
|
(Click
here to continue on the main path)
|
Sidgwick Speaking
|
|
I want to add a
couple of final thoughts.
- First of all, I strongly suspect that we --
and I mean Americans in general -- will never
agree about the nature of property and the role
of government in relation to property. There
are different interests, different social
ideals, and different hierarchies of values at
stake. All of these are reflected in different
views of property.
- Those with less property will always have
different interests than those with more
property. It's always easy for one group to
call for higher taxes on "the one percent" and
for the one percent to call the others
envious. That will never change.
- There are many different traditions in any
large culture. In the United States, there is
a tradition of individualism suggesting that
each person should make his own decisions and
improve his lot by bargaining in a free
market. Another tradition, you might call it
communitarian or collectivist, believes that
we all share certain responsibilities for each
other. The results are obvious. The first
group has constructed a social ideal that
includes very limited government and largely
free markets. The second group believes that a
strong government should help those who do
poorly in the market. The first group does not
see obligations to the common good as part of
the fundamental justification of strong
individual property rights. The second
tradition sees obligations to the common good
as part and parcel of property ownership --
especially the ownership of natural resources
and major means of production.
- Finally, there are different hierarchies of
value. One group sees liberty (meaning the
right to not be interfered with) as the number
one social/political value. Another group sees
liberty as important, but also stresses the
importance of equality and well-being. These
two views lead to different views of property
and government.
- Second, I think that we
have seen that all of the major philosophical
views on the nature of ethics (for example,
utilitarianism, libertarianism, and
contractarianism) have serious critics. My own
view is that there are serious problems with
every major tradition. I don't expect that to
change anytime soon. It may be in part because
of conflicting interests, but I suspect that
there is more to it than that. Perhaps it is
simply a fact that in a relatively free
society, intelligent, knowledgeable, humane
people will come to different conclusions
about the nature of good and evil, right and
wrong. That may simply be
part of the human condition.
- Third, let me remind you that some writers
have suggested that there are certain very
important concepts (like liberty and equality)
that are essentially contested. The philosopher
W. B. Gallie wrote a well-known paper on this
subject in 1956. Jeremy Waldron has suggested
that property may be one of those
concepts. I think he may be right about
that. There is no definition of the rights of
property written in stone, and we are going to
go on debating it for a long time.
In a similar vein, the philosopher Ronald
Dworkin has talked about how we have developed
several different conceptions of
certain key concepts. In Dworkin's view,
we can share a concept but have different
conceptions or specifications of that concept.
For example, we share the concept of justice
because we all acknowledge certain paradigm
cases of justice and injustice. We also share
ideas about the function that justice should
have in society. Beyond that, however, we
disagree strongly about the conception or
specification of justice. I think that justice
is one of these key concepts, and property may
be another. Look at Dworkin's Justice for
Hedgehogs for his views. I am not
optimistic that we will every agree on a
specification of justice or property.
- But, fourth, theoretical differences about
ethics or property may not always prevent us
from agreeing that certain conditions are
problematic. We may even be able to agree on
solutions. Amartya Sen made a similar point in
his book The Idea of Justice. Sen does
not expect everyone to agree on the same
principles of justice, but he believes that we
can nevertheless identify the worst cases of
injustice and do something to alleviate them.
- Finally, I want to suggest that you think of
private property as one way to maintain a zone
of freedom around the individual (or the family
or some other organization such as a labor union
or a business corporation). On the other hand,
the regulatory state and the welfare state are
ways to advance certain other values --
especially elements of the common good, to
protect the weaker members of society, to
prevent private owners from passing costs on to
other parties, to create effective liberties by
providing people with resources, and so forth.
Our politics attempts to draw a line -- to
determine what will be subject to individual
decision making and what will be subject to
decisions made by government. We are constantly
moving that line. Through our politics we are
constantly adjusting what is private and what is
public. Some movements of the line are due to
the enfranchisement of new groups. Some are due
to new knowledge about the consequences of our
actions (affecting the environment, for
example). Some are due to changes in our values
or our priorities. We have decided, for example,
that the use of birth control is a private
matter. On the other hand, we have decided that
property rights should be altered in some ways
to prevent pollution or soil erosion or the loss
of beachfront. In my opinion, we will never stop
moving the line. The contest over what is
private and what is public will never end. We
need both spheres -- including private property
and government regulation and taxation --
because we value both individual freedom and the
common good. There must be a balance between the
two, but the balance is dynamic and will never
stop changing.
|
|