--- On Mon, 6/30/08, goat! <[EMAIL PROTECTED]> wrote:
Private property is a fiction of government
or held by force (some libertarian thought equates government being
force). The commons was here before private property was ever codified
into law.
Those definitions is what is called law. Law is a reflection of what is
(or it is suppose to be), as far as making it right. Is the law of
nature right? That is suppose to be what our law reflects.
I suppose whether the commons is right or not is if it existed
before the Law (or government), and it certainly did. The whole
of North America was pretty much set up such before the
the Europeans came. The concept of private property outside
that of force, that is by Law, is a much newer concept,
then the commons (isn't much need for private property when populations
are low, though without Law / Government, it could only be held by
force). The only way that private property could exist
now without the law, is by having the force to keep it such.
The commons have / had similar distinctions, though not always, of being
controlled or used by a tribes, to the exclusion of other tribes,
making it private commons, as much as could be without the law, by force.
And why did these tribes not want others trespassing against their
commons? It was a matter of plain and simple survival.
And common property isn't? So if some buds and I buy some hunting
property, we aren't allowed to make rules (such is government) to say
who else can use it and must let anybody who wants to do so?
-----------------------------------------------
Then the main difference between commons and private property is then the
difference of exclusive/limited use and open use. For example consider the
case of property lines extending midway into a road. Is that a case of commons
or private property? As far as actual ownership and responsibility it is
private property. As far as use it is commons. The town is in Minnesota
somewhere. I believe I will send an email and ask exactly how it works and how
they consider it.
BWS
