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| [Reprinted from The
Good Society, May 1983] |
Let's assume that we are the island castaways. We have
recognized the fact of our unique individuality and we appreciate our
similarities. Urged by the profitability of cooperation, we are obliged
to search out the extent and limits of our individual rights. The
implicit contracts, or negative understandings, such as 'we won't kill,
maim, or otherwise injure each other' have already been accepted, or our
conference would be stillborn.
It is likely that our first concern will be to make the implicit
contracts into explicit contracts. These are protective agreements and
include the idea of enforcement via penalty. If such protective
contracts sound like laws, they should. Though contracts are
individually agreed, people can easily contract in concert for their
mutual protection.
Once we feel safe, we can look to the more positive advantages of
cooperation. As we make our claims, it becomes apparent that every right
we claim is actually an assertion of ownership, 'what is mine and what
is thine'. We are trying to establish what belongs to whom.
However, we need not study every instance of property right. Instead,
we may use the conclusions of the classical political economists. They
separated everything in their universe into three classes -- people,
natural resources, and their products.[1] We may conveniently examine
each in turn.
The aspect of people that is our specific concern is exertion. Exertion
is the external manifestation of humanity. How you act and what you do
is a resultant of all that goes to make you a person.
Meaningful Exertion
Yet, exertion is not always the same. Some is more significant. We may
discard the less important by giving our attention only to exertion
whose result is measurable in the market place. (Sand castles and mud
pies may be artistic, clever and even socially redeeming, but they are
likely also to be both ephemeral and unmarketable.)
So, the essential characteristic of this concept named 'Labor' is
meaningful exertion and this will become the first focal point
of our quest for 'rights', or 'warranted claims'.
Exertion connects each person to the outside world. A favorite, though
rather weak, assertion of libertarians is "I own myself". It
would seem that 'I' is 'myself'. If 'myself' means me in the corporeal
sense, it seems unfair to point out that 'myself' is a nuisance that
no-one would volunteer to own. 'Myself' (the body) requires attention or
it dies. It needs sustenance, care and a place to sleep, or it may fall
prey to ills, agues and injury. At times, 'myself' seems to cost rather
more than it is worth.
A slaveowner cares little about the slaves he 'owns'. After all, what
could be more ridiculous than to own people. Bodies come with needs and
requirements -- and occasionally with dangerous inclinations. Bodies
must be confined, perhaps manacled, certainly guarded, probably
punished, sometimes chased. Ownership of bodies is a headache to be
avoided. Although leg-irons may ensure a reluctant cooperation, they
weigh as heavy on production as on the captive.
At the slave auction, the slave-owner does not buy a body. Rather does
he try to acquire the capacity of a mind and body meaningfully to
exert. A slave's attraction rests not in what he is, but in what he
can do. Profit builds not with the body count, but with effective
expropriation of the body's effort.
When the 'meaningful exertion' of a slave can be appropriated without
need to secure, protect and discipline him, slavery becomes markedly
more attractive. That is why it is so prevalent in the modern world.[2]
Who Claims Exertion?
Exertion is the external manifestation of each person. So, in our free
community, to whom does it belong? Who may assert a right, a 'warranted
claim' to it? It probably requires a less than profound philosophical
insight to award ownership of exertion to the one who exerts.
But, philosophy is buttressed by an intrusive pragmatism. Exertion is a
drag. The mind grows weary and the muscles suffer only so many
contractions before they ache. The one who exerts is also the one who
tires, who drops from fatigue, who requires rest to repair and renew. It
is not without reason that 'we seek to satisfy our desires with the
least exertion'.
We are also pressed by 'unlimited desires', but we find their
satisfaction is married to exertion. Although exertion is not
enthusiastically sought after, we must play out the scene. But, we act
only as a means to receive. A successful alien claim to our exertion
will promptly end the effort. In our free community, exertion will occur
only when Labor's claim to it is clearly accepted.
However, libertarians unhappy with the self-ownership argument should
note the Von Mises assertion, "Ownership means full control of the
services that can be derived from a good". Perhaps it could be said
that when you own your exertion (service) - that establishes your
ownership of you.[3]
Political economy is a social science. Scratching my back is not within
its province. But, if I scratch your back, the action has become
'social'. It is properly part of the study. Yet, the service would
remain unperformed if you failed to agree that the exertion is mine.
Should you not concede that the scratching (exertion) is mine, your back
will be left to itch. Indeed, if you do not contractually accept my
complete 'right' to the exertion, it will not enter the market.[4] The
performance of a service provides transitory satisfaction. Your itch has
been treated. You are the direct beneficiary of the exertion. However,
you may also enjoy my exertion at secondhand?
For example, my exertion may be used, not to provide you with an
immediate service, but to bake for you a cake. When you buy the cake
from me, you are receiving (in a sense) my congealed exertion, given
substance by this material product. The question again arises. How may
we establish the right to trade the cake?
The argument for the right to one's exertion applies also to the right
to the products of exertion. Just as exertion would not exist without a
person, so also would not the product. The exertion is traded for the
product. Labor may satisfy another's desire directly with service, or
indirectly with a material construct. The grounds for yielding ownership
of exertion to the exerter also support ownership of the product by he
whose exertion creates it.
Exertion will not be applied if ownership of its results is denied.
This is the problem faced by a voluntary socialist collective. As Man
'seeks to satisfy his desires with the least exertion' any member of the
collective who receives more exertion than he gives will
enthusiastically commend the arrangement. But better producers, who lose
exertion to equal shares' will tend to withdraw. As average production
falls with the loss of the more productive, the collective will usually
fail -- unless coercive restraints are introduced.
A voluntary collective can prosper and remain free when its members are
indifferent to material returns. Psychological rewards may take their
place, such as a the warm sense of belonging to a collective family or
satisfaction from an active commitment to a religious or philosophical
belief or even, perhaps, the exciting attention of a charismatic leader.
However, on the island our association rests on personal contract, so
our first imperative was to determine warranted claims. We should feel
rather content with the results of our heavy session, for we seem
clearly to have confirmed a person's right to his exertion (Labor) and
to the products of his exertion (Capital and Wealth). In each case, the
creation belongs to the creator. Which leaves to be settled only the
right to natural resources -- the ownership of the island.
And there's the rub, for we are about to run headlong into the arms of
another Creator! Tomorrow's parley is likely to take us on another long
day's journey into 'right'!
NOTES
[1] 'Political Economy' is a social science. Indeed, 'political' refers
to gatherings of people, and 'economy' is a word for organization, or
system. Interaction between people means exchange and the marketplace.
Also, because exchanging requires time, it implies production that is
not immediately consumed. Those products still involved in the process
of production and exchange are called Capital, while those in the hands
of the final consumer are called Wealth. In the view of classical
political economy, all things fall into one or the other of four
mutually exclusive classifications, People (Labor), Natural Resources
(Land), and their products (Capital and Wealth).
[2] A convenient measure of your 'enslavement' is the percentage of
your exertion which is taken without compensation. However, slavery is
not determined by the amount of expropriation, but by its fact. If 1% of
a person's exertion is taken non-contractually, he is enslaved. The
house-slave enjoying a cot inside the mansion was not less a chattel
than the field slave sleeping on an earthen floor.
[3] Economic classicists including both Adam Smith and Henry George
have suggested that exchange is really the trading of exertions. George
further pointed out (SPE p. 497) that the value of one's exertion is
subjective and therefore difficult to use as a common measure. Hence, in
the marketplace, it is usual to compare products -- the results of
exertion.
[4] Time is also a factor. One exerts only because desires are expected
to be satisfied. If this reward is delayed, Labor demands compensation.
Thus is born 'Interest' -- the reward for 'delay of satisfaction'.
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