THEFREEMAN IDEAS ON LIBERTY FEATURES 60 Property Rights and Law Among the Ancient Greeks by Gregory R Rehmke Another enormous contribution to Western civilization. 65 Property Rights in the Family-and Beyond by David R. Henderson Creating harmony out of sibling chaos. 67 Law, Custom, and the Commons by Randy T. Simmons Why the "tragedy ofthe commons" is not inevitable. 71 Property Rights Among Native Americans by Terry L. Anderson Correcting some misunderstandings. 74 How Fishing Communities Protect Their Future by Donald R. Leal Avoiding overfishing through customs and traditions. 77 How Property Rights Can Spur Artificial Reefs by Michael De Alessi Fish are abundant along Alabama's coast. 80 An Environment Without Property Rights by Richard L. Stroup and Jane S. Shaw Why the Eastern bloc under communism was smoky, dirty, and polluted. 86 It Takes a Market by Bettina Bien Greaves Producers must consider the wishes ofconsumers. 89 The True Takings Reform Imperative by Donald J. Kochan Why "takings" legislation isn't enough. 91 Economic Freedom: Its Measurement and Importance by James D. Gwartney Where do people have the most freedom to own property and to trade? 93 Today's War on Property by R. W Bradford The war on drugs is destroying traditional freedoms. 96 Privatize Public Highways by Michelle S. Cadin and Walter Block A way to improve safety and reduce congestion. 98 Frederick Douglass-Heroic Orator for Liberty by Jim Powell Born into slavery, Frederick Douglass advocated freedom for all. COLUMNS Center NOTES from FEE-European Malaise by Hans R Sennholz 69 IDEAS and CONSEQUENCES-Homeschool Heroes by Lawrence W Reed 83 POTOMAC PRINCIPLES-The Failure of Politics by Doug Bandow 109 ECONOMICS on TRIAL-Which Is the Best Inflation Indicator: Gold, Oil, or the Commodity Spot Index? by Mark Skousen DEPARTMENTS 58 Perspective-Jane S. Shaw, Richard L. Stroup, Murray N. Rothbard 111 Book Reviews •Hidden Order: The Economics ofEveryday Life by David Friedman, reviewed by Douglas E. French; Government: Servant or Master? edited by Gerard Radnitzky and Hardy Bouillon, reviewed by David L. Prychitko; Austrian Economics:AnAnthology edited by Bettina Bien Greaves, reviewed by Robert Batemarco; The Heroic Enterprise: Business and the Common Good by John M. Hood, reviewed by William H. Peterson; Generation X Goes to College: An Eye-OpeningAccount ofTeaching in Postmodern America, by Peter Sacks, reviewed by Steven Yates; Faith & Credit: The World Bank's Secular Empire by Susan George and Fabrizio Sabelli, reviewed by Ken S. Ewert; Oil, Gas, & Government by Robert L. Bradley, Jr., reviewed by Richard W Fulmer; A Moment on the Earth: The ComingAge ofEnvironmental Optimism by Gregg Easterbrook, reviewed by Doug Bandow; The Good Life and Its Discontents: TheAmerican Dream in theAge ofEntitlement by Robert 1. Samuelson, reviewed by Thomas 1. DiLorenzo; Travels with a Hungry Bear:A Journey to the Russian Heartland by Mark Kramer, reviewed by E. C. Pasour, Jr. THEFREEMAN IDEAS ON LIBERTY PERSPECTIVE Understanding Property Rights Published by The Foundation for Economic Education This issue of The Freeman focuses on Irvington-on-Hudson, NY 10533 property rights, but not in a heavy, theoretical Phone (914) 591-7230 FAX (914) 591-8910 way. Think of it as a potpourri of information E-mail: [email protected] on the subject. President: Hans F. Sennholz You'll have a chance to read about how Managing Editor: Beth A. Hoffman property rights quiet squabbling children, how property rights preserved natural re­ Guest Editor: Jane S. Shaw sources for Native Americans, and how prop­ Editor Emeritus Paul L. Poirot erty rights are routinely violated by govern­ Lewisburg, Pennsylvania ments, American and foreign. Editorial Assistant As Thomas Sowell points out in Knowledge Mary Ann Murphy and Decisions, both socialist and free-market Columnists Doug Bandow countries have property rights. The difference Cato Institute, Washington, D.C. is that in socialist countries the government Lawrence W. Reed Mackinac Center for Public Policy owns and assigns them. In free-market or Midland, Michigan Mark Skousen capitalist countries, individuals have them Rollins College, Winter Park, Florida and-what is especially important-can Contributing Editors transfer them voluntarily through mutual Charles W. Baird California State University, Hayward agreement. Peter J. Boettke New York University My goal is to help us recognize that these Clarence B. Carson private property rights are the foundation of American Textbook Committee Wadley, Alabama a cooperative society (a point that modern Thomas J. DiLorenzo Loyola College, Baltimore, Maryland "communitarians" have yet to discover). But Joseph S. Fulda New York, New York I also want readers to understand that pri­ Bettina Bien Greaves vate property rights aren't always formally Resident Scholar, FEE John Hospers described in legal documents. They can University of Southern California Tibor R. Machan be "understood" rather than spelled out, as Auburn University property rights are in community-run fish­ Ronald Nash Reformed Theological Seminary ing territories. Ownership can be shared Edmund A. Opitz Chatham, Massachusetts by families or clans, rather than individuals James L. Payne Sandpoint, Idaho alone. Jim Powell Property rights can change over time. F.A. Westport, Connecticut William H. Peterson Hayek described property rights as "a modi­ Adjunct Scholar, Heritage Foundation, Washington, D.C. Jane S. Shaw fiable and very complex bundle whose most PERC, Bozeman, Montana effective combinations have not yet been Richard H. Timberlake University of Georgia discovered in all areas." Sometimes it's diffi­ cult to have full private property rights, even The Freeman is the monthly publication of The Foundation for Economic Education, Inc., Irvington-on-Hudson, NY 10533. FEE, though we have them nominally. As Richard established in 1946 by Leonard E. Read, is a non-political, educational champion ofprivate property, the free market, and limited government. Stroup notes below, even though we have FEE is classified as a 26 USC 501(c)(3) tax-exempt organization. rights against pollution of ourselves or our Copyright © 1997 by The Foundation for Economic Education. Permission is granted to reprint any article in this issue, except property, these rights may be difficult to "Property Rights and Human Rights" and "Frederick Douglass," provided credit is given and two copies ofthe reprinted material are sent defend. to FEE. The costs of Foundation projects and services are met through dona­ There's much to be said about private tions, which are invited in any amount. Donors of $30.00 or more receive property rights. I hope that these stories will a subscription to The Freeman. Student subscriptions are $10.00 for the nine-month academic year; $5.00 per semester. Additional copies of this enhance your understanding of what they issue of The Freeman are $3.00 each. For foreign delivery, a donation of $45.00 a year is suggested to cover mailing costs. achieve for our society and why they should Bound volumes of The Freeman are available from The Foundation for be respected. calendar years 1972 to date. The Freeman is available in microform from University Microfilms, 300 N. Zeeb Rd., Ann Arbor, MI 48106. -JANE S. SHAW, Guest Editor 58 PERSPECTIVE "3-D" Property Rights Property Rights and Human Rights Property rights must be: (1) defined clearly so as to reside with a specific person or entity; Some critics of the free market argue that (2) defended easily against non-owners who property rights are in conflict with "human" might wish to use or "steal" the asset; and rights. But the critics fail to realize that in a (3) divestible, or transferable, by the owner to free-market system, every person has a prop­ others on whatever terms are mutually satis­ erty right over his own person and his own factory to buyer and seller. labor, and that he can make free contracts for When property has these "3-D" character­ those services. Slavery violates the basic prop­ istics, and when trades can be transacted erty right of the slave over his own body easily, the owner ofany asset has the incentive and person, a right that is the groundwork for and the authority to use that asset in such a any person's property rights over nonhuman way as to maximize its value to society. material objects. What's more, all rights are The property rights system, like all other human rights, whether it is everyone's right to human institutions, is imperfect. Sometimes free speech or one individual's property rights assets and resources are not controlled by in his own home. property rights complete in all three dimen­ A common charge against the free-market sions. Property rights can be poorly defined, society is that it institutes "the law of the they can be difficult to enforce, or they may jungle," of "dog eat dog," that it spurns not be transferable. human cooperation for competition, and that It may be difficult to defend one's property it exalts material success as opposed to spir­ right to clean ground water, for example. In itual values, philosophy, or leisure activities. order to protect such rights, a plaintiff before On the contrary, the jungle is precisely a a court of law needs good information, and society of coercion, theft, and parasitism, a good information is not free. society that demolishes lives and living stan­ Without reliable information on which to dards. The peaceful market competition of base a damage suit, courts are unable to producers and suppliers is a profoundly co­ defend property rights effectively against in­ operative process in which everyone benefits, vasion or takings. The polluter is allowed to and where everyone's living standard flour­ harm the property of another, without that ishes (compared to what it would be in an person's consent. unfree society).