Sunday, October 04, 2009

Property rights by contract

Property rights by contract

What does the dictionary say a "contract" is?

"[A]n agreement between two or more parties for the doing or not doing of something specified." Doing. Not peripheral matters, but the "doing or not doing". As in "doing your job". Your race, hair color, type of shoes (as long as they do not prevent you from doing that which you contracted to do), or whether you are armed has no bearing on the "doing or not doing" that is contracted.

Next we have "[A]n agreement enforceable by law" and "the written form of such an agreement". Is the demand that you relinquish your human rights "enforceable by law"? What sort of "law"? Is such a demand valid? Here we are getting back into government coercion which is outside the scope of this article. The remaining definitions don't really concern us here, but feel free to read them.

Is every voluntary interaction a "contract"? Is any conceivable contract OK? Or, are there some conditions that are never acceptable nor "enforceable" due to their reprehensible nature? What about a contract which "allows" or "requires" you to initiate force?

If, as I believe, it is never within your rights to initiate force, is a contract which "authorizes" you to initiate force on people who enter your property valid? Can you agree to a contract relinquishing your right to not be attacked? Can you "contract" to stop being human?

If a property owner makes the rules clear before we enter his property, then we have the choice to agree or not. If the restriction is hidden in the voluminous "user agreement" the reality is that bizarre requests can't be anticipated, so we would need to specifically ask what is permitted and what is not. Once again, it is dangerous to set gun possession restrictions apart from other strange demands that a property owner may make.

MamaLiberty points out "Nobody is forced to take a job or shop in a certain store". That is true to an extent. The reality is that in some places, while you are not forced to deal with one particular business, you may be forced to deal with a particular set of businesses. If they all have the same rules, then you really have no choice but to deal with one or the other. You can't buy milk at the gun store, after all. To claim otherwise is to side with those who say "If you don't like the way things are in America, get out!" I am not saying this proves anything, just that it is something to consider.

I am simply trying to get you to think. Lest you think otherwise, I think it is preferable to try to get along with others. Go along with their requests unless they put you in danger or ask you to violate your principles. If they initiate force against you, you have the right to defend yourself, but you are not required to do so. If someone makes unreasonable demands, avoid them.

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