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| Rights Come
Not From Nature But From Reason |
| [A paper presented at
the 15th International Conference on Land-Value Taxation and Free
Trade, Utrecht, Holland, July 1982] |
There are two independent ways to argue that some reform such as the
taxation of land values ought to be adopted: one, we can show that it is
moral, that it ought to be done; two, we can show that it is practical
and will benefit society in a material way. One would assume that if it
morally ought to be done, then it would be materially practical as well;
and vice versa.
I will maintain that George's moral conclusions are undeniable.
Certainly we have rights to our life, liberty and property limited only
by the equal rights of others. Certainly we can own the product of our
labor, which is to say that labor is the sole justification for private
property, in which case land cannot be privately owned unless the annual
rental income from it is collected by government via taxation. But when
George bases these rights on natural law, I demur and so do the vast
majority of modern philosophers. We must find another basis for the
equal rights of individuals. It can be done.
Defects of Natural Law
Natural Law certainly exists in the material world, dealing as it does
with the biological, physical and chemical aspects of reality. But it
does not apply in economics or in any of the social sciences because
they deal with people, and people have free will. They can become laws
unto themselves (within limits).
To the degree that natural lawyers claim that we must follow natural
law, that is a determinism which suffers all the defects of that
outlook. Suffice it here to say that non-neurotic or non-psychotic
individuals are more aware ability to choose their thoughts and actions
(limited only by their mental and physical abilities) than they are
aware of anything else they may know. Normal people are free, not
compulsive. Those who feel they are not in control of their own thoughts
and actions suffer from that horrible psychological debility called
autism. Natural lawyers, in any case, are always quick to complain about
the vast amount of government interference in the natural workings of
the economy, which is to admit that we needn't follow Natural Law, that
people have free will even If they often exercise it perversely.
"Ah yes," say the natural law advocates, "but they
should obey the Natural Law." Well then, now Natural Law becomes
prescriptive, not descriptive. It becomes defined as a body of law
derived from nature and morally binding upon human society prior to
governmental law. But we can well ask why Nature is the one true moral
standard. Why should we assume it to be so? Can't we improve upon
Nature, as when we cure natural diseases or protect ourselves from rain
and storm, wind and cold? A cave isn't better than a house because it is
more natural. And certainly a government should prosecute monopolists,
regulate utilities, establish an army, repress crime, contain pollution,
provide for occupational and consumer safety, and so forth -- but what
is so "natural" about all that when natural is defined as what
exists prior to government?
John Locke, the premier philosopher of natural law, claimed that when
man was living in a state of nature -- i.e., in the wilderness beyond
the reach of government -- he had a right to his life, liberty and
property, and when he joined society he did so only on condition that he
was to bring those rights with him, although limited now by the equal
rights of all others.
Nice conclusion -- but faulty reasoning. It cannot be said that our
wilderness-dwelling Hermit had any rights, since a right is a claim that
others should choose to respect* and since in the natural state there
were none others to respect his claims, "rights" in that
context lack any real meaning.
Besides, if he wants to join society, then perhaps he should be let in
not on his terms but on society's terms, whatever they may be. And what
should stop a society from joining our individual -- i.e., from
encompassing his territory -- and imposing its laws on him? To say he
had rights when he lived by himself is not to say he has those rights
when he lives in society.
And even if he did have rights -- what about his descendants living
today who can find no livable wilderness beyond the reach of government?
Do we get our natural rights from him by inheritance?
Henry George himself passed over this very basis of his moral
philosophy with the quick assumption that a man belongs to himself and
therefore he has rights to his life, liberty and property. He took these
rights to be self-evident, but in our time, alas, they are not. They
have to be proven, not merely assumed.
So it is with good cause that Natural Law has fallen so low among
philosophers today. Its conclusions, however, can be truly justified by
resort to another standard -- Reason.
The "Ought" is in Correct Thought
The ought is to be found not out there in Nature but within us -- in
our minds, in the process of correct reasoning. If we wish to find out
what the truth is, then there are certain definite rules we should
follow. In order to convey any meaning at all, we should first of all be
consistent (i.e., non-self-contradictory). To say "the Eiffel Tower
is in Paris and it is also in London" is to make no statement that
has any meaning at all.
And if we should be consistent, we should be accurate -- i.e., our
statements about reality should be consistent with our observations of
reality. Accuracy is just one type of consistency, albeit an important
one.
So here we have the two standards of correct reasoning -- consistency
and accuracy. And in order to be both consistent and accurate, we should
try to treat reality as it is, as an end in itself. We cannot be both
consistent and accurate unless we treat reality as it is. When we treat
the Eiffel Tower as being in Paris, for example, we are treating reality
as it is. Here then we have, in all its pristine simplicity, the basic
moral precept, which when applied to our dealings with other people,
leads ineluctably to a respect for their equal rights. Here's how we can
go from the Reality Principle to Equal Rights:
(1) We have the right to be free to do whatever we wish,
limited only by our duty to treat reality as it is. We can think of no
other legitimate limitation on our right to be free, and there
couldn't be any other limitation anyway as it would necessarily limit
our duty to treat reality as it is.
(2)In dealing with others, our right to be free is limited by their
equal rights. This is because we should treat people (who are part of
reality) as they are, and they have the same right to be free we do
(all of us have that right).
(3) Each person has a right to his life limited only by the equal
right of others. Otherwise, we cannot be free. Respect someone's right
to be free and you must automatically accord him the right to his
life.
(4) The right to property also arises from the right to be free, for
if everyone has the right to be free, he can freely exchange his own
labor for the goods and services produced by others, which is to say
that he has the right of property in those things (limited by the
equal rights of others). This means that labor is the sole
Justification for private property (we can think of no other
justification and if one existed, it would necessarily violate the
property rights of each worker to the full fruits of his labor). But
as Henry George made crystal clear, if labor is the sole justification
of private property, then private ownership of land cannot be
justified unless the privilege of landownership is shared equally by
us all through the full taxation of land values.
We see, then, that Reason rather than Nature is the true basis for both
equal rights and land value taxation. Nature is morally inert. It shows
us what is, not what ought to be. But once we follow the principle of
correct Reason (by treating reality as it is), we have a moral guide for
all our actions. We know what we ought to do, and what we oughtn't.
In short, the Ought is in the Thought.
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