Friday, August 23, 2024

nomadic hunter-gatherers do not have objective natural property rights

 Nomadic, native, migratory, hunter-gatherer, indigenous tribes do not have objective natural property rights, and so, land cannot be "stolen" from them by settlers.

To address the scenario of nomadic, native, migratory, hunter-gatherer, indigenous societies and whether they have a natural property right to the land they temporarily occupy:


Perceptual Roots:

  • We perceive nomadic, native, migratory, hunter-gatherer, indigenous societies that move from place to place
  • Hunting, gathering food and resources from nature
  • Not permanently settling/homesteading any particular land area

Basic Axioms:

  • Human beings must take actions to sustain their lives
  • Using reason to produce/acquire what they need from nature

Additional Principles:

  • A property right is an exclusive just claim over some scarce resource
  • Homesteading is establishing ownership by mixing labor with unowned resources
  • Hunter-gatherer, migratory, native nomads do not permanently occupy/improve any specific land

Essential Characteristics:

  • Property rights require some productive labor/value creation
  • Temporarily passing through an area does not constitute homesteading
  • No permanent possession, control or productive use established

No Natural Property Right:
Based on the essential nature of property rights deriving from productive labor homesteading unowned resources, purely nomadic, native, migratory, hunter-gatherer, indigenous societies who only temporarily pass through geographic areas without any permanent settlements, productive improvement of the land, or continued possession/control over any specific territory cannot be said to have a natural property right to those lands in the objective ethical sense.


They only have a right to access unowned resources and unhomesteaded land for their bare survival needs of hunting, gathering, and traveling - not an exclusive private property just claim over any specific territory that could be "stolen" from them, since no such property right was ever established or homesteaded in an objective sense based on the essential nature of property rights.


This analysis follows from the perceptual realities, the axioms of human survival requiring productiveness, and the essential characteristics of establishing a valid property right through permanent value-creation on a resource, and the objective definition of natural private property rights. It avoids the non-objective evasions of arbitrarily granting permanent property rights despite a pure nomadic migratory lifestyle not meeting the essential criteria.


Of course, if such societies did eventually settle, cultivate, and permanently improve/control some territory through their labor over time, natural private property rights could arise. But pure migratory nomadism, based on an objective analysis, does not meet the valid standards.

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