Ancaps often declare, "All rights are property rights." I was thinking about this the other day, in the context of running into libertarians online who insisted that libertarianism supports "the freedom of movement," and realized that this principle actually entails that people without property have no rights at all, let alone any right to "freedom of movement." Of course, immediately, any ancap readers still left here are going to say, "Wait a second! Everyone owns his own body! And so everyone at least has the right to not have his body interfered with." Well, that is true... except that in ancapistan, one has no right to any place to put that body, except if one owns property, or has the permission of at least one property owner to place that body on her land. So, if one is landless and penniless, one had sure better hope that there are kindly disposed property owners aligned in a corridor from wherever one happens to be to wherever the...
That reminds me of the great french Constitutional Lawer, Léon Duguit. His motto and basis of his work was just that, doing away with metaphysics.
ReplyDeleteWilling to found Law on facts, he ended up with the necessity of Social Solidarity. His thought is very interesting, and we could say, but Duguit wouldn't aknowledgethat, that he rebuilt traditional Natural Law, only his social order would be without God.
But I still don't understand why his fact of social solidarity should oblige the conscience.
By the way, his only disciple, Roger Bonnard, supported Pétain and his Révolution nationale (which is not meant to discredit neither Duguit) after 1940.