The Prehistory of Private Property: Chapter-by-Chapter Summary

by Karl Widerquist | Jun 23, 2021 | Opinion, The Indepentarian

The book, the Prehistory of Private Property by Grant S. McCall an me, examines the origin and development of the private property rights system from prehistory to the present day to debunk three widely accepted false beliefs about the private property system: that inequality is natural, inevitable, or incompatible with freedom; that capitalism is more consistent with negative freedom than any other conceivable economic system; and that there is something “natural” about the private property system. That is, the normative principles of appropriation and voluntary transfer applied in the world in which we live support a capitalist system with strong, individualist, and unequal private property rights. The book reviews the intellectual history of these claims and demonstrates their importance in contemporary political thought before reviewing the history and prehistory of the private property system to address their veracity. In so doing, the book uses thorough anthropological and historical evidence to refute these three claims. The book shows that societies with common-property systems maintaining strong equality and extensive freedom were initially nearly ubiquitous around the world, that their claims to common ownership were consistent with appropriation-based theories, and that the private property rights system was established through a long series of violent state-sponsored aggressions.

This post summarizes the book, chapter-by-chapter.

1. Introduction

This chapter previews the book, explains the importance of debunking the three claims, the usefulness of examining the intellectual history of how they became so important in political thought, and the value of reviewing the prehistory and early history of the private property system to debunk them.

2. Hierarchy’s Apologists, Part One: 5,000 years of clever and contradictory arguments that inequality is natural and inevitable

This chapter reviews the history of the belief that inequality is natural and inevitable, showing that different versions of it played a role in differently unequal societies from prehistory to modern times. Inequality has been attributed to the divine favor of gods, to leaders actually being gods, to the belief that only hierarchies are capable of maintaining peace; to the intellectual, moral, or genetic superiority of the upper class; to the need to reward useful behavior; and to many other questionable beliefs. The parallels between the uses of the inequality hypothesis are striking. Although predominant ideologies in virtually all unequal societies agree that inequality is natural and inevitable, they can’t agree why inequality is natural and inevitable, and they all use this natural-inequality hypothesis to justify force in order to maintain inequality.

3. Hierarchy’s Apologists, Part Two: Natural inequality in contemporary political philosophy and social science

This chapter shows that the belief in natural inequality survives in many guises in contemporary social science and political philosophy—most especially in social contract theory and in “freedom-based” arguments for unequal private property rights in natural resources and the things people make out of them. The parallels between contemporary and historical justifications for inequality are striking. They all use the belief that inequality is natural and inevitable to justify coercive rules to maintain inequality, but they all present conflicting explanations why inequality is inevitable. This observation itself raises doubt about this claim and provides reason for empirical historical analysis of whether the natural inequality hypothesis is true.

4. How small-scale societies maintain political, social, and economic equality

This chapter uses anthropological and historical evidence to debunk what the authors call the natural inequality hypothesis—i.e. the belief that inequality is natural and inevitable and/or that inequality is the inevitable result of respecting negative freedom. It examines land-tenure and property systems in a wide-variety of societies known to history and anthropology. It shows that many societies maintained very high levels of social, political, and economic equality for extremely long periods of time while protecting negative freedom at least as well, if not better than, contemporary property rights-based societies.

5. The Negative Freedom Argument for the Market Economy

The negative freedom argument for the market economy relies on the belief that capitalism delivers greater freedom from interference and coercion than any other system. This chapter shows that this claim cannot be established in pure a priori theory and that “propertarians” (people who use this argument) have so far failed to establish it empirically. Section 1 shows that the establishment and maintenance of the private property system involves an empirical tradeoff of liberties that most versions of the negative-freedom argument ignore. Section 2 considers and rejects a priori attempts to use a rights-based conception of freedom to resolve that tradeoff. Section 3 considers other possibilities for resolving the tradeoff in pure theory and concludes that it must be addressed empirically. Section 4 explains why a particularly useful way to examine that tradeoff is to make an empirical comparison of the freedom experienced by people in the market economy and the hunter-gatherer band economy.

6. The Negative Freedom Argument for the Hunter-Gatherer Band Economy

This chapter presents an empirical argument that the hunter-gatherer band economy is more consistent with negative freedom than the market economy. Although freedom is difficult to measure, the freedom of people in band societies dominates the freedom of the least free people in capitalist societies. There is no form of coercion, interference, force, non-contractual obligation, involuntariness, or aggression, to which people in band societies are subject and from which lower- and middle-class people in capitalist society have been freed. Lower- and middle-class people in capitalist societies are subject to forms of coercion, force, and so on that do not exist in band societies. The independently wealthy might have more liberties than people in band societies, but if so, their additional liberties come at the cost of fewer liberties for middle- and lower-class people. Therefore, the market economy—as usually conceived—fails to deliver the highest equal freedom. The potential advantage of large-scale societies is in promoting opportunity, not in protecting freedom. If the private property system is to be justified against other systems, it must be justified on the basis of opportunity, not on the false claim that it promotes negative freedom.

7. Contemporary Property Theory: A story, a myth, a principle, and a hypothesis

This chapter argues that rights-based justifications of unequal private property systems rely on an empirical claim that the authors call, “the individual appropriation hypothesis.” That is, if people were allowed to appropriate resources, in the absence of interference, an unequal, individualistic property rights system would develop. It essentially means that the private property rights system is natural and that collective property systems are unnatural and tend to be established only by interfering with individually appropriated property rights. Propertarians who try to distance themselves from empirical claims tend either to fall back on this claim or to fall into tautology and/or special pleading.

8. The History of a Hypothesis

This chapter reviews the intellectual history of the individual appropriation hypothesis from its seventeenth-century origins to the present to show how it became a background assumption in contemporary political theory. The history of appropriation theory and the appropriation story are intertwined with the history of the hypothesis.

9. The impossibility of a purely a-priori justification of private property

This chapter assesses attempts to justify specifically private property rights on an a priori basis. It shows how such attempts either resort to special pleading or fall back on one or another version of the individual appropriation hypothesis. It demonstrates that arguments based on negative freedom, opportunity, inequality, market power, self-ownership, and the Lockean proviso all fail to rule out a property-owning government. Even Loren Lomasky’s explicit attempt to remove empirical claims from the theory involves both special pleading and the appropriation hypothesis.

10. Evidence Provided by Propertarians to Support the Appropriation Hypothesis

Chapters 7-9 have shown that propertarianism requires some version of the (set of) empirical claim(s) we call the individual appropriation hypothesis. Some propertarians actually have provided evidence in favor of it. This chapter reviews that evidence, showing that it is superficial and inconclusive. A more thorough investigation is needed. Therefore, this chapter sets up the following five chapters, which provide that investigation.

11. Property Systems in Hunter-Gatherer Societies

This is the first of four chapters examining the origin and development of property rights (private, public, collective, common, and other) in order to investigate the individual appropriation hypothesis and related claims outlined in Chapter 7. Section 1 considers whether appropriation theory applies to animals. Section 2 explores the broad variation of systems of territoriality among modern human hunter-gatherers and uses the results to think about territoriality among the earliest human occupants of most of the globe. Section 3 argues that nomadic hunter-gatherer bands appropriated most of the world’s land in ways that were consistent with all or most appropriation criteria contained in natural property rights theories. In contradiction to propertarian theory, these original appropriators chose not to establish individual private property—neither in land nor in other goods. Land was a common, and food and tools were subject to requirements to share.

12. Property Systems in Stateless Farming Communities

One appropriation criterion, the requirement that appropriators mix their labor with the land, bypasses nomadic foragers and gives the first ownership claims to the first people to clear and farm the land. This ubiquitous appropriation story uses this ethical principle in tandem with the empirical claim that the first farmers established private land ownership systems to support the claim that private property is a natural development. The evidence presented in this chapter shows it is not so. The origin of private property occurred long after the origins of agriculture. Private ownership and individual appropriation play no role in small-scale stateless farming communities. Small-scale swidden agriculturalists clear the land together and choose to establish nothing like the supposedly natural private property system. Early farming societies had complex, overlapping, flexible, nonspatial, and at least partly collective land-tenure systems with a significant commons in the sense that individuals retained one or another kind of access rights to land for different purposes.

13. Property Systems in Ancient, Medieval, and Early Modern States

This chapter shows that no period of private, individual appropriation is found in the formation of states. Early states had land-tenure systems in which political elites—kings, pharaohs, lugals, etc.—were considered the owners of all of the land in their kingdoms and subjects had various forms of usufruct rights for farming or other practices. The beginnings of individual private property occurred gradually, long after the formation of states, not with individual acts of appropriation but with elites using their political power to name themselves or their underlings as owners of assets. Even then, private landownership did not become the dominant property rights system in ancient or medieval times. Communal village agriculture remained the most common system in state societies throughout the world until the early modern period.

14. The Privatization of the Earth, circa 1500-2000

The history recounted in Chapters 10-14 shows that private property does not arise spontaneously through appropriation or any other method. The first people to discover, claim, use, occupy, or mix labor with resources over most of the Earth established complex, overlapping, flexible, nonspatial, partly collective land-tenure systems with significant common elements. The individual appropriation hypothesis is not merely unproven: it is disproven. The history discussed above indicates that the establishment of private property systems necessarily involves coercion and violence. Claims that the defense of unequal private ownership is somehow the defense of “natural liberty” are false. In the context of real history rather than the made-up appropriation story, the natural rights theories invented to defend private property shows that the people and the community have a better claim to land and resource ownership than unequal private owners.

15. The individual appropriation hypothesis assessed

The history recounted in Chapters 10-14 shows that private property does not arise spontaneously by appropriation or any other method. The first people to discover, claim, use, occupy, or mix labor with resources over most of the Earth established complex, overlapping, flexible, nonspatial, partly collective land-tenure systems with significant common elements. The individual appropriation hypothesis is not merely unproven: it is disproven. The history discussed above indicates that the establishment of private property systems necessarily involves coercion, violence, and dispossession. Claims that the defense of unequal private ownership is somehow the defense of “natural liberty” are false. In the context of real history rather than the made-up appropriation story, the natural rights theories invented to defend private property shows that the people and the community have a better claim to land and resource ownership than unequal private owners.

16. Conclusion

This book has told six histories: the intellectual histories of three widely believed empirical claims, and the political and economic histories that refute those claims. The natural-rights-based argument for strong, unequal private property rights relies on false empirical claims about equality, freedom, and the origin and nature of property rights in the past and as a stand-in for some kind of imagined universal human nature. A society that will be more consistent with the protection of all individuals from violence, coercion, and interference will have to find some way to ensure that each individual has direct and unconditional access to the resources necessary to survive. We suggest Universal Basic Income as an important policy to help achieve that goal.