Thursday, August 04, 2005

One for Doomy

But it's the article's report on a statement made by a representative of People for the American Way, lead opponents to constitutionalists being appointed to the U.S. Supreme Court, that I'd like to address. According to Ms. Lochhead's article, "Elliot Mincberg, the group's legal director, said the case [Kelo v. New London] had been brought by the Institute for Justice as part of an effort by conservatives to elevate property rights to the same level of civil rights such as freedom of speech and religion, in effect taking the nation back to the pre-New Deal days when the courts ruled child labor laws unconstitutional." To posit a distinction between civil or human rights on the one hand and property rights on the other reflects little understanding. Let's look at it.

My computer is my property. Does it have any rights — like the rights to life, liberty and the pursuit of happiness? Are there any constitutional guarantees held by my computer? Anyone, except maybe a lawyer, would agree that to think of property as possessing rights is unadulterated nonsense.

So where do property rights come in? Property rights are human rights to use economic goods and services. Private property rights contain your right to use, transfer, trade and exclude others from use of property deemed yours. The supposition that there's a conflict or difference between human rights to use property and civil rights is bogus and misguided.

Let's go back to my computer example. Suppose someone steals my computer. Hasn't he violated my rights to my property and hence, my human or civil rights? Or, alternatively, if I throw my computer through your window, it's not my computer that's violated your human rights; it's I. Why? Because I've used my computer in a fashion that infringes on your human rights to your property.

Not that his argument works very much later, when he argues that the reason it's wrong to kill someone is because they are their own property. That sounds like the ghost in the machine mentality . . . not a very good way to go through life.

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