the social nature of property rights

["Stephen Cooke" <scooke@uidaho.edu>]

Dear Visionaries,
	The libertarian notions of property rights as absolute and unjustifiably
subjected to interference from the government are misconceived in my view.
	Another view of  property rights suggests that all rights are the result of
other peoples' willingness to recognize your right of ownership. Short of
that you don't own anything because others refuse to be forebearent. The
rights others are willing to recognize changes. Since all rights impose a
cost on others, not all costs are (or no longer are) willingly born. The
government is the instrument that expresses these changing notions of
ownership.
	Communities do not allowed nuisances on property (field burning to the
contrary not withstanding), where nuisance is defined as threats to public
health, safety, and general well being. Beyond that, some communities are
more or less tolerant of the costs that land owners wish to impose on
others. These are often expressed through zoning regulations.
	You can rail against the government all you want, but if the community does
not recognize your right to an activity on "private" property, you are in
for a long hard and ultimately losing battle. Your "enemy" is not the
government but your neighbors. As J. W. Hurst said 'Property is a social
fact or it is no fact at all.'   ("The Release of Energy" Law and the
Conditions of Freedom, pp. 3-17).
Steve Cooke