31.
Justice, Property Rights and Inheritance
If property which is
justly acquired is later stolen, the corrective action is for that property to
be returned to the owner from the thief, with additional compensation from the
thief for the aggravation and effort of recovering it.
If the original owner
should die before the property is returned, does this change the corrective
action? No. The property should be returned to his
heirs just as never-stolen property is passed to his heirs.
Does this conclusion
change if there are numerous generations?
Again, the answer is no, for the principle is the same.
What if the thief has
died or has sold the stolen property, is the corrective action altered? No, the property still should be
returned to the original owners or his heirs, regardless. (It should be noted that this is the
very reason for title insurance which is so common in real estate
transactions.)
Now we can apply this
theory to an actual issue--reparations to Blacks due to slavery.
Were the slaves
victims of theft? Yes, of both
their liberties and their production.
Therefore, the corrective action is for the slaveowner to restore the
property to the slave with compensation for the aggravation and the effort of
recovery.
What if the
slaveowner has died? Then his
heirs have received stolen goods which should be returned to the slaves, again
regardless of the number of generations which have passed.
What if the slave has
died? Then the stolen goods should
be returned to the slave's heirs, again, regardless of the number of
generations which have passed.
Does this theory
conclude that a victim of theft has the right to loot innocent bystanders? The answer is no, for that would be to
further compound the original injustice.
A victim has no claim on humanity at large if property is unrecoverable
because it cannot be traced or if the thief has died and left nothing to
reappropriate, nor does the slave victim and his heirs. (Buyers who unknowingly purchase stolen
goods can be protected in the market by title insurance.)
There is no need, nor
justification, for a collective payment of reparations; only the wealth
identifiable as being stolen should be subject to the claims of the
identifiable heirs of slaves, nothing less, but nothing more, either.
-
Burris, Alan
A Liberty Primer,
(Rochester, New York: Society for Individual Liberty, 1983) pp. 80 - 82.
-
Locke, John
The Second Treatise of Government,
(New York: Bobs Merrill Company, Inc., 1952) pp. 16 - 18.
-
Oubre, Claude F.
Forty Acres and a Mule: The Freedman's Bureau and Black Land Ownership,
(Baton Rouge: Louisiana State University Press, 1978)
-
Rothbard, Murray N.
Egalitarianism as a Revolt Against Nature,
(Washington, D.C.: New Libertarian Review Press, 1974) pp. 65 - 69.
-
Rothbard, Murray N.
The Ethics of Liberty,
(Atlantic Highlands, New Jersey: Humanities Press, 1982) pp. 51 - 73.
-
Sowell, Thomas
Knowledge and Decisions,
(New York: Basic Books, Inc., 1980) pp. 266 - 269.
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