What is Property

They are defined as such. You said I “insist” they are, with emphasis, which is pretty different than knowing the fact of the matter. I would stop calling them property in an instant if the relevant laws changed.

But even if we completely reduce moral thinking to efficiency thinking, we still have a big distinction between the moral thinking and something like economics. The question I asked is quite relevant: if new models, widely accepted as factual and predictive, showed the slavery was of economic benefit, would we agree that it was okay?

I’ve never talked with someone who was so stubborn about refusing to say slavery was wrong, but you answered the question anyway. If a model showed that slavery was efficient, you would reject the model.

To accept the idea of efficiency as the basis for morality we must accept that this is an underlying whether-we-know-it-or-not basis for morality, not a stated one. Most moral evolutions have happened without any direct appeal to efficiency, but efficiency tirelessly worked away anyway. The advantage of this kind of evolution - which is basically a market in this way of thinking - is precisely that it does not require (or allow) kings or priests to step in and say this or that. Sure, an individual moral pronouncement may come from a person of authority, but that’s just the system working the way it works. (Interestingly enough, it works this way despite the fact that the moral innovators aren’t paid huge heaps of money)

And this is why it makes sense not to accept an economic model that says that slavery is sensible. We can trust our better judgment because it is not really our judgment, it is the work of thousands of years of evolution of moral thinking, guided by survival of the fittest. By saying that you would not believe an economic model that showed slavery was efficient, and by suggesting that efficiency is the basis of morality, the only possibly conclusion is that you agree that in some cases, we should trust moral thinking over economic thinking.

So basically, you are more sure that slavery is inefficient (wrong) than you would be of any economic model (no matter how well explained or documented) that showed that it was efficient. This is not the same thing as a physicist who won’t believe in dark energy. It makes a lot of sense to question an economic model based on a moral objection to its predictions. For the most part ,those who have lived by “You can’t make an omelette without breaking a few eggs” have broken a huge number of eggs and ended up with no omelettes to show for it.

In order to sufficiently reduce moral thinking to efficiency thinking, we have to accept that moral thinking has developed its own heuristics for determining efficiency and that sometimes it will get it right when efficiency thinking itself gets it wrong. Since those heuristics of moral thinking are emergent from a process that existed long before contemporary economic models, they aren’t terribly explainable through those models.

If all this is true, though, that means that the moral judgments of everyday people come out of this great moral/efficiency think tank - a think tank that is far better at making these judgments then some egg heads in the same way that the market was better at pricing goods than the soviet central planners. Basically it is better to trust some kind of average of public moral thought to find an efficient way to organize society than it is to trust economists - the kings and priests in this case.

Reductionism, it turns out, is largely pointless, and works both ways.

To me, this is a bit like asking if a new model, widely accepted as factual and predictive, showed that evolution or climate change did not exist. I don’t think there’s any possibility of any such model.

Economics, on the other hand, is able to incorporate non-financial utility into its models. I mean, you talk about how survival of the fittest has guided morality, but survival of the fittest is inherently efficiency-based. And this isn’t something you can dismiss on the basis that people weren’t conceptualizing it in terms of efficiency, because it’s irrelevant whether they conceptualized it as such (just as it’s irrelevant whether they conceptualized of it as morality)
 [quote=“anon50609448, post:21, topic:32377”]
Sure, an individual moral pronouncement may come from a person of authority, but that’s just the system working the way it works. (Interestingly enough, it works this way despite the fact that the moral innovators aren’t paid huge heaps of money)
[/quote]
It’s good to know that religious entities, rulers, community elders, etc. didn’t have any skin in the game other than an altruistic desire in helping their fellow man discover morality.

So what? The reverse is also true: a moralistic system will sometimes get it wrong when economics gets it right. The problem in both cases is likely to arise when the situation is too complex or too different for our established moral/economics models to fully incorporate all relevant factors. Racism and discrimination is a god example where prevailing theories of both economics and morals have failed.

OK. You “know” that modern trade secrets are property, but you’re not able to say how they are meaningfully different than old trade secrets, or similar to traditional forms of personal property. My entire point was to look behind the formal definition and see how old trade secrets were for all intents and purposes just as property-like as modern trade secrets.

At this point I’ll admit I’d be pretty surprised about overturning evolution. To use your words, I also don’t think there’s any possibility of any such model - it’s just that I know that I can be wrong. So if that’s what happened I wouldn’t be sitting around being crotchety about it saying I knew better. If economists told me that slavery was great I would be because I have less confidence in the way they construct models than I do in my moral judgment about slavery.

I’m pretty sure that kings and priests who changed the rules to condone their own behaviour aren’t largely responsible for our great moral innovations.

I don’t think this detracts from my point at all, which is that you spent a very long time trying to avoid saying that slavery was immoral rather than merely inefficient, and by doing so you basically did the same thing as saying it was immoral and accepted that sometimes we rightly outlaw things merely because of moral arguments. The point, if you’ll remember, is that we can outlaw invasion of privacy (or assault or a variety of other things) based on a moral argument (e.g., ethics of caring) argument without ever delving into who has ownership over what or even if certain things can be owned.

And I’m pretty sure we established pretty well that I don’t agree and exactly why I don’t agree. You said it yourself, ideas are not like material things because one person having them and using them doesn’t stop someone else from doing so. I think that means that they are not property and you think that means that they are property but that we need special rules to protect them because they are different. To me, they are property only insofar as we make those rules that define them as such. You want me to look “past the formal definition”, but when I do that, I don’t really think modern trade secrets are property either.

Our major point of contention seems to be the abandoned property issue. To me, the idea that other people finding out your secrets is akin to abandoning your property is shoehorning, to you it is a clear analogy.

1 Like

I’m not saying that their backing of morality laws is done to condone their own behaviour. I’m saying that they do it in the interest of a smooth-running, efficient society. Murder, clan violence, theft, and general lawlessness is pretty inefficient and detrimental to society as a whole.[quote=“anon50609448, post:23, topic:32377”]
I don’t think this detracts from my point at all, which is that you spent a very long time trying to avoid saying that slavery was immoral rather than merely inefficient, and by doing so you basically did the same thing as saying it was immoral and accepted that sometimes we rightly outlaw things merely because of moral arguments.
[/quote]
And despite your defense of law as morality, your arguments about why something should be a law were articulated in utilitarian terms (i.e., is something good for society or bad for society). And I haven’t basically accepted that we outlaw things because of moral/natural law arguments: I’ve said that I believe that the roots of “morality” lie in utilitarianism and efficiency as opposed to some sort of natural law. Your decision to interpret my words as endorsing (inefficient) morals as the proper foundation of law is your decision alone.

That was the point? Property (including IP) is now not about ownership, but about morality? I don’t remember this being the point of this discussion.

Also, note that I’ve been quite clear that one’s body and ones organs are not property under the law.

I don’t think ideas are property-like, except when they are secret. There’s a big difference between every idea ever articulated, and the much smaller subset of those kept secret.

Adding property protection to that much larger pool of non-secret ideas (such as through copyright or patent law) is done in the name of efficiency, in an attempt to solve the public-good problem.

And finally, if you don’t think that even modern trade secret law grants property rights, I’m not sure why this thread needed to be started at all: I was originally saying only that traditional trade secrets were IP.

There’s a very old, very famous property case involving the ownership of wild animals that are being hunted, Pierson v. Post. Basically, Post was hunting a fox on unowned land. He shot and injured the fox, and was pursuing him when Pierson—knowing the Post was pursuing the fox—shot and killed the fox. The question is who owns the fox.

A majority of the court decided that control is the essential element of property, and that since Post never had control of the wild animal that he never had a property right in the fox. Pierson, on the other hand, did obtain complete control of the fox when he shot him, so he obtained ownership of the fox.

It may seem like an obscure case today, but it continues to inform the way we look at property. Things of a wild nature are property only so long as they remain in your control. If a truly wild animal (as opposed to a domesticated one) escapes your control, it is no longer your property. Wild game born and raised on your property is no longer yours once they leave your land. But other things are also of a wild nature: oil is a prime example. Even though one’s property rights in the US extend from the heavens down to hell (though some of these rights have been taken away in the advent of air travel), it is still legal to drill a well on adjacent property that sucks out the oil from underneath your property (to drink your milkshake, so to speak). The oil is of a wild nature, and when it flees your control it is no longer yours. Is this foundational property law principle also the shoehorning of abandonment? Or are secrets/information like wild things, and remain property so long as they are under your control?

I feel like we are completely talking past each other. In response to most of what you are saying I can’t think of anything to do but to repeat myself and try to be more clear, but I think that’s all I’ve been doing for a few posts now.

You think that trade secrets from the past are basically like trade secrets from today and I agree.

I think that today they are property only insofar as laws exist that make them so, you think that the laws just codify our common understanding that they are and ought to be treated as property. So far, every analogy we have come up with to explain why secret or private information is or is not like property has been seen by you to support your point and by me to support my point.

Ultimately your refusal to grant such a basic assumption that slavery is morally wrong, makes me feel like you wouldn’t reconsider your position for any evidence or argument. I wanted to make the very simple point that we don’t always need to appeal to property rights to make laws - and therefore that my idea that we should have laws protecting privacy was entirely consistent when the idea that private information was not property - but I couldn’t even get there. If such a small concession is too much to ask then I don’t think we have enough mutual concept of reality to meaningfully discuss much of anything.

1 Like

It appears we agree, but this was the basis for disagreement in the original thread that prompted this thread, so my initial understand was that we actually disagreed on this.

The problem is that I don’t believe in natural law or absolute morality, and I’m not sure you do either. Again, I want to point out that when you were talking about what laws you liked you resorted to talking about what is good for society—a fundamentally utilitarian way of looking at things.

On the second point, however, I would agree that property rights aren’t the basis of all laws. Obviously laws covering things like contracts, torts, constitutional rights, criminal law, etc. have little basis in property.

This topic was automatically closed after 1000 days. New replies are no longer allowed.