Sunday, July 13, 2014
if you throw the liberal philosophy and rhetoric about property rights
out the window (and this is especially necessary in canada, where
property rights are only weakly recognized by common law, and have no
standing whatsoever at a constitutional level, being explicitly rejected
by parliament (perhaps for political reasons, but nonetheless)
repeatedly), the way "buying" property works in reality is something
that is basically still feudal in nature.
the proposed constitutional amendment (which the conservatives actually voted down, afraid it was going to create social rights) was itself more or less useless. it said something like "nobody should be deprived of property, unless we say so - in which case we agree to compensate them for it". it was never worded in a way that allowed for real property rights, it was more of a right of compensation for state infringement on property. and, in truth that's what already exists in case law. the proposed, and defeated, amendment was not really meaningful, except to legislate existing case law.
the legal owner of every inch of property in canada (including virtually all native land reserves and virtually everything we refer to as "private property") is the crown, which in canada since 1981 (at the latest possible interpretation date) is legally considered to mean the federal government, to the chagrin of certain groups, but legally so nonetheless. the crown has split this giant area of land up into a very large number of fiefs, which it retains ownership of but passes certain privileges off in the form of various titles. the most common type of fief in the former british empire is the fee simple. fee simple is a title that allows the owner of the title (not the owner of the land) to develop the land in certain ways in exchange for a yearly rental fee, which we refer to as a property tax. actual ownership of land in canada is called allodial title, which is unheard of - it only exists in theory, as an abstract possibility.
see, this is where the liberal literature about property gets really confusing, which reduces to an educational fail. i mean, it's what they teach us in schools, so it's what people think is accurate. there's this widespread misunderstanding that property owners (note the language, which is suggestive) ultimately allodially own a piece of property, and that taxes and regulations on that property are consequently some kind of invasion of freedom. but this interpretation is purely projective. it's what liberals WANT to be true, but it has essentially no legal or traditional basis of any kind whatsoever in canada. it is really just simply *wrong* to try and understand property like this. if it's what you want, then get a gun and start a militia, because it's the only way you're going to get it. personally, i'm not much of a fan of understanding property like this. i'd rather talk about social ownership than private ownership.
but, neither of these things exist in canada. in reality, the crown owns the land, and the taxes paid are a yearly type of rent to use it, subject to the conditions laid out in laws (which are the rental agreements, and dictated by the state).
the truth is that this is the general form of rights in canada, and it may actually be the smarter way to do it, despite appearing weaker.
our rights are all of the form:
"all canadians have this right, unless we take it away, in which case we agree to compensate for it."
rather than american rights which are just generally of the form:
"all americans have this right."
...which *actually means*
"all americans have this right, unless we decide otherwise, in which case you're fucked."
the rule of law is another liberal fantasy that comes off as particularly hilarious when you look at the actual historical record.
but this isn't yet another anarchist rant....
the proposed constitutional amendment (which the conservatives actually voted down, afraid it was going to create social rights) was itself more or less useless. it said something like "nobody should be deprived of property, unless we say so - in which case we agree to compensate them for it". it was never worded in a way that allowed for real property rights, it was more of a right of compensation for state infringement on property. and, in truth that's what already exists in case law. the proposed, and defeated, amendment was not really meaningful, except to legislate existing case law.
the legal owner of every inch of property in canada (including virtually all native land reserves and virtually everything we refer to as "private property") is the crown, which in canada since 1981 (at the latest possible interpretation date) is legally considered to mean the federal government, to the chagrin of certain groups, but legally so nonetheless. the crown has split this giant area of land up into a very large number of fiefs, which it retains ownership of but passes certain privileges off in the form of various titles. the most common type of fief in the former british empire is the fee simple. fee simple is a title that allows the owner of the title (not the owner of the land) to develop the land in certain ways in exchange for a yearly rental fee, which we refer to as a property tax. actual ownership of land in canada is called allodial title, which is unheard of - it only exists in theory, as an abstract possibility.
see, this is where the liberal literature about property gets really confusing, which reduces to an educational fail. i mean, it's what they teach us in schools, so it's what people think is accurate. there's this widespread misunderstanding that property owners (note the language, which is suggestive) ultimately allodially own a piece of property, and that taxes and regulations on that property are consequently some kind of invasion of freedom. but this interpretation is purely projective. it's what liberals WANT to be true, but it has essentially no legal or traditional basis of any kind whatsoever in canada. it is really just simply *wrong* to try and understand property like this. if it's what you want, then get a gun and start a militia, because it's the only way you're going to get it. personally, i'm not much of a fan of understanding property like this. i'd rather talk about social ownership than private ownership.
but, neither of these things exist in canada. in reality, the crown owns the land, and the taxes paid are a yearly type of rent to use it, subject to the conditions laid out in laws (which are the rental agreements, and dictated by the state).
the truth is that this is the general form of rights in canada, and it may actually be the smarter way to do it, despite appearing weaker.
our rights are all of the form:
"all canadians have this right, unless we take it away, in which case we agree to compensate for it."
rather than american rights which are just generally of the form:
"all americans have this right."
...which *actually means*
"all americans have this right, unless we decide otherwise, in which case you're fucked."
the rule of law is another liberal fantasy that comes off as particularly hilarious when you look at the actual historical record.
but this isn't yet another anarchist rant....