A respponse to Geolibertarianism – The Social Contract Fallacy

What is Geolibertarianism?

I think the best way to understand geolibertarianism is by defining what they think. I have formulated below a set of fundamental assertions that all geolibertarians would nod their heads to:
  1. Geolibertarians consider "land" to be the common property of all mankind.
  2. Private property is derived from an individual's right to the fruits of their labour.
  3. Land is not property since it was not created by anyone's labour.
  4. A person can privately possess land on the condition that rent is paid

I only unwaveringly agree with #3. I strongly agree with #4, I have a lot of problems with #1 and #2

Myth 1: Earth was Left in Common to Mankind

Libertarians (and their geolibertarian neighbours) today derive their understanding of what "makes" private property from the works of John Locke. John Locke was struggling to solve the earlier Grotius-Pufendorf problem of how property could be justified, if God gave Earth to mankind in common. Grotius and Pufendorf postulated that consent justified private property. However, John Locke advanced that appropriation of those goods is justified by labouring on them. The Earth belongs to all, John Locke asserts (by appealing to natural law which he argues is knowable by reason).

The earth was not left to anyone unless one wants to consider might makes right. The geolibertarians who adopt natural law are just as wrong as neolibertarians who do so - natural law doesn't exist in the way humans try to make it exist. Property, and indeed all rights, are only justified to others based on what those others are willing to consider justification. Rights only exist by consent so, given only the above, Grotius-Pufendorf was far closer to the truth than John Locke was.

You can only "access" that which you own. It is a necessary condition of ownership.

Theft proves otherwise. Possession and ownership are two separate concepts - which is a large reason why self-ownership is a muddled starting point.

This creates a positive obligation on every human on the planet to ensure they are not breaching the entitlements of others.

I see it as the same negative obligation in making sure they are not breaching the entitlement of others to life, property, etc.

A "collective" is made up of individual people (it can be six people on the planet or even six-billion people). The collective entitlements are derived from the rights of its individual members. Thus, if one man cannot claim land – nor can the collective. If it is the case that man cannot claim ownership of land, then nor can any collection of any number of individuals.

That's false. Individuals may respect institutions differently than individuals thus affording institutions more rights than individuals. While I don't think this should be the case, it definitely is the case. In geoism, a man can own land subject to certain obligations. Unlike some other geoists, I don't legitimize communal rights, so I don't think that a town should be able to own land without also being subject to certain obligations.

The very definition of "ownership" is exclusive control over the use of a scarce good. The concepts of "ownership" and "common" are incompatible.

Multiple people can have exclusive legitimate control over a scarce resource or can have legitimate control subject to certain conditions. Nolibertarians claim first use (though use is a fuzzy word), but there's no abstract reason why other conditions can't confer legitimate control.

One can't help but noticed that geolibertarians (or commonists) also invoke the "… when there was only one man on earth …" state of nature to explain that "we would have a right to the use of the whole earth."

Those people are wrong. Functional rights don't exist in the absence of respecters. The only person on earth would have no rights, only abilities.

Anyone, with even the vaguest concept of evolution, should dismiss this nonsense. But even if you are the only man on Earth, you don't have any more entitlement to resources – than sheep or horses. You're free to do as you please. But you have no entitlements. Indeed, planet Earth has been in existence for billions-of-years. What about all the animals and our primate ancestors? Do they not have an equal 'entitlement' to resources? Should chimpanzees, therefore, be locked-up in zoos? When did homo sapiens decide that they have a unique positive entitlement to everything on the planet.

Chimps probably shouldn't be locked up. Humans believe that they have rights/entitlements and, due to getting respect for those things from others, they can actually get those rights and entitlements. They don't, sans-agents, actually exist. Humans, on their own, don't have a right to property.

 Notice the sophistry when the say that the first human (Adam from the bible, of course) would have been able to go anywhere and do anything. But this is obviously not true. He couldn't, for instance, march into a lion's den to snatch a cub – not for long. With a big gasp, geolibertarians should be asserting that the lions are preventing Adam's "right" to access!

Rights and ability are two different things.

 Further, they would say, shouldn't the lions compensate Adam's 'right'? Perhaps the pride ought to give Adam one of their cubs as payment. But, for some strange reason, this hysteria is directed at homo sapiens and their activity. Geolibertarianism suffers from a grand confusion of positive entitlements (or 'right') to land and the freedom to act. (Not forgetting the notion that Earth was given to mankind).

Animals kill one another all the time. Should animals grant humans a right to life? Do you see the problematic parallel there? Rights are a way to get humans societies to work well. If non-human animals could consistently be reasoned with and had compatible goals, then both groups could grant one another rights. Humans only grant one another rights so long as it's useful to do so. Property isn't some magical thing encoded in the laws of reason or handed down by god - it's a way for humans to not have to fight one another and there is nothing which says that one way is absolutely the best in all circumstances.

Further, the problem with so-called "collective rights" only begins by asking who determined what they are? Who proposed these rights? And who is bound by them? Geolibertarianism assumes land is owned in common as the beginning point. How did such ownership exist? It is entirely question-begging with no real answers. Hence, one really does need a God to support this foundationless sculpture.

I agree, but that is the same problem with individual rights. In both cases it comes down to power. Rights which are too hard to respect won't exist.

Myth 2: Private Property is the Product of Human Labour

Fundamentally, nobody "creates" anything. Land, like everything else, is a "product of labor" to the extent that it is initially transformed. According to the Lockean proviso, man is no more entitled to a house than a mountain. He happens to have taken some wood of the floor, and re-arranged it. But the wood is not the product of his labour. Thus, the "man didn't create land" is an utter strawman.

It is kind of a strawman, but not entirely. All wealth has a land component and has value based on both the land component and the form/invested labor. Land enclosure diminishes opportunity for others - there's absolutely no way to argue against this point. Arguing for personal wealth whose land component, and hence diminished opportunity for others, is relatively low compared to the value people ascribe to the labor component makes sense because people don't want to have their past effort taxed especially if it's not causing (much) harm. Arguing against land ownership free and clear in cases where improvements are minor or diminished opportunities are major is far more defensible to most people.

That doesn't mean that the enclosed opportunity in personal wealth shouldn't demand compensation - but it is probably not worth it to do so: the cost of enforcing that both monetarily and in the dangers of creating an overarching detection and enforcement agency is greater than the value of what would be recovered.


We must depart from this Lockean notion and refine the arguments about rights and property. Labour does not establish private ownership. Scarcity establishes private ownership.

If labor doesn't establish private property, then how does first use make sense - since use is necessarily an act of labor. Secondly, scarcity doesn't establish private property - it necessitates it. The rights of property attempt to resolve conflicts which arise due to scarcity. There can be multiple systems which resolve conflicts effectively in different circumstances.

Moreover, how on Earth (excuse the pun!) does someone separate the "original" value from the value added by human labour?

This is the hardest problem for practical geoism, but I don't believe it to be insurmountable by using market mechanisms. Even if it can't be separated perfectly, good enough is good enough.

Private property sometimes involves the production of security (risk-taking) and information. In other words, land has to be discovered. Christopher Columbus was sent by the King of Spain to find new lands. This was a carefully planned & operated and financially-backed venture that wasn't even sure to produce any results! Shouldn't the King of Spain be entitled to claim the Americas as being under his dominion? If not, there are no incentives to discover new resources.

This is another problem which was raised and kind of makes sense - so long as one is also willing to accept intellectual property rights. If one denies that, then the grounds on which it is objected to and the methods of incentivizing individuals without intellectual property are the same for this scenario.

Lastly, how can individuals claim that they have ownership over themselves if they didn't create themselves? Since the geolibertarian position is that one can only claim private property over that which one labours. By that account, man doesn't 'own' himself. I hardly think any libertarian would assert we're not entitled to our own bodies, since we didn't create them.

Self-ownership is a muddled position and needs to go away.

Myth 3: Private Ownership is Harmful

In many ways, John Locke paved the way to the Marxist trap that ownership is harmful (and thus, bad). But appropriation and private property is NOT a zero-sum-game.

It's not necessarily a zero-sum game. Wealth involves some enclosure but can make people better off in the aggregate. It might be the case that land can be held out of use and it can turn out better overall. However, there are no foundational values or foundational way to compare values. Values are subjective and expressed by what people are willing to give up. Without a way to prove one's value for something which doesn't involve luck such as being first, there's no way to express that value completely in a non-foundational-value manner.

When we imagine first appropriation, we imagine a race in which first-come-first-serve are the lucky ones. The unpalatable reality is that life was very harsh for those first appropriators. Consider the first settlers to England. If given a choice, would you rather live in primitive bronze-age England or today?

Sure, being first can suck a lot of the time, but that doesn't mean that others should be excluded from what they would have otherwise had in the absence of another. The poorest of society would do far better in a hunter/gatherer tribe in warm climates than in first world societies - at least by certain standards. Sure, poor people in the U.S. and U.K. might have clothes and a phone, but they are not self-actualized, they have their power process restrained.

Myth 4: Freedom is Dependent on Land

It is said that freedom is dependent on the availability of land!

It is, try to do something without access to land, see what you can do!

This is what someone said on an internet forum I'm a member off: This stops the choice of 'work or die', for many, which isn't really freedom at all.

There's a difference between voluntary and euvoluntary. If another puts you in a shitty position (with some caveats), then something isn't voluntary. If it's just bad luck it's bad luck.

I don't own land. Lots of people I know don't own land. What is wrong with working and saving (other than the fact I am a capitalist)?

In order for that to be a justified out, one would need a right to a job to have a right to life. Do you want to go there? I'd rather say that people have a right to land subject to certain conditions and leave it at that. Sure - if you don't work, you're probably not going to eat, but you don't need someone else to provide you with a job. And, no, you can't work without first having access to land. Since:
  1. you need to work to live, and
  2. you need to live to have self-ownership, and
  3. if any prerequisite of something is a priviledge, then that thing must be a privilege since it is contingent then
  4. if all land access is a privilege for you, then self-ownership is a privilege for you

Namely, you can't have a right to self-ownership without a right to land access. Even though I think self-ownership is a stupid starting point, this fact is inescapable unless one wants to say that not all humans have a right to self-ownership.

Human labour is necessary for survival – not land. Wealth is created by the productive efforts of man in the division of labour – simply owning goods is no guarantee to anything.

False. Labor is necessary for survival - but where can you perform labor? You need to have a right to labor for yourself, you need to have a right to labor for yourself... somewhere.

Even if one is designated a certain space, you can't live long without trade or working the land. By all accounts, therefore, one still isn't free since one has to work.

One isn't free from the demands of reality. One is free from the demands of other humans which is the group that rights are meant to influence.

Therefore, we need to revise what freedom really means. People act as a means to an end. There is always something that would make us more satisfactory. Freedom is not about the limitations of choice people must make (which is qualm against the nature of reality) – but being free from coercion to make one's own choices. The real non-freedom is when someone denies another person the option to work, in the example above.

Exclusive ownership of land is a form of denial of the option for another to work. Case in point: I want to grow corn. There's a forest over there no one is currently possessing. I start to clear it to grow corn. People show up with guns. They claim that they bought it off of someone who, eventually either homesteaded it or, more likely got a grant from a government or king or conquered the original inhabitants. They have the gall to be offended if I suggest that I fight them for it now.

Myth 5: A Difference Between the State and the Community

If it is true that humans need land to survive (which it is not), then surely – to geolibertarians – taxing land is tantamount to taxing existence. There are two ways to tax. You either tax humans for action, or you tax humans for the resources by which they act. It is perceived that there is a difference between the two. Resources are scarce, and man needs resources to act. Either way, man is being taxed for acting.

Sure, but one taxes things which tend to benefit others, another taxes things which tend to impose external opportunity costs on others. If something has to be taxed, maximal wealth creation, opportunity and actualization demand it's the latter.

Some choose to call it a rent or tax. The question becomes how does one pay it? How does the assessment, calculation, collection and distribution take place without an institution with the monopoly on the use of force that cannot be retaliated against?

How do anarchists propose DROs work? How do rent collection agencies work now? There are market mechanisms such as auctions which can deal with assessment and calculation, there are trusts other technological solutions to deal with collection and distribution.

What happens if I decide I don't want to pay this tax, and that may land is indeed justly acquired.

There is no such thing as "justly acquired" without others considering something just - there are no rights without respecters. You're arguing against geoism by presuming neolibertarianism is correct.

You need such an institution that has the monopoly on the use force without being retaliated against.

No, you just need more power at the time than the other party has - power can be in the form of overt or covert threats or general sentiment. What I like about geoism is it gives others a (non-false) reason to respect the property rights of another.

But how is the LVT 'calculated'? The fact that the quasi-government would have to be involved in this process makes that government inherently political. And the nature of government (or the seductiveness of the monopoly on force) is such that it can only expand. But the LVT can only be calculated by either: (1) an arbitrary figure and/or (2) whenever the lease on a given land is up, the new one is auctioned off to the highest bidder with government approval.

It doesn't have to be a government in form or name. There is one point I never hear addressed by neolibertarians: other than scale, how is a landlord different than a state?

The reality is that the people in the market determine the value of a given stretch of land. Land is still scarce as it was 100 years ago. And if the market-place is the most efficient way to ensure an optimal supply of a scarce good (elastic or inelastic), then it holds that land – on the free-market – would tend to an optimal supply too.

The optimal supply of land is whatever people want and what they're willing to give up for it. However, the person holding the land didn't have to give anything up to the other person if he holds out - it's not a trade, it's a situation of begging.

Purchasing land does not reduce the supply of land. If land starts to actually become really scarce, economic incentives would induce resources to be spent on building more land — either by building skyscrapper, or digging deeper into the earth — or to discover land on different planets (if things got really serious!).

Agreed.

Some declare that the LVT has no economic effects. This is bewildering! The LVT has about the same effects as the income tax.

It certainly has effects, but causes the least economic negative wealth-affecting distortions of all the primary tax proposals. Its effects are far less damaging than the corporate and personal income (wage) taxes.