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Author Topic: Man arrested for public gardening  (Read 35667 times)

MaineShark

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Re: Man arrested for public gardening
« Reply #120 on: June 05, 2009, 01:45:08 pm »

Some questions to stir the pot.

A) What about the historical precedents for use of public land?  The Boston "Commons", was, I believe, used for cattle, such that anyone could keep his cattle there.  That would trample-literally-the rights of one who wanted to grow veggies there.  Would that not infringe on both the citizen who did not own cattle, and the cattle owner who kept and fed his cattle on his own land?

Hence, another reason why "public" land is wrong.

If someone owns that land, he can declare what uses it is for, even if he allows general access to it.

B) If I am standing on public land, protesting, say, the war, to some extent I am infringing on others with a contrary or different message.

The first concerns purely property rights, the second involves both property rights and free speech rights.

All rights are property rights.  You have the right to free speech because you own yourself.

Once you get beyond the "sustainable yield" of occupancy/use which occurs at Locke's proviso....then you just auction off the rights to occupy and distribute the rent to everyone  who's rights are being infringed upon by the permitted occupancy.

Problem solved - elegantly and by the market!

Since that could only happen at the point of a government gun, it's not "by the market."

Joe
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"An armed society is a polite society" - this does not mean that we are polite because we fear each other.

We are not civilized because we are armed; we are armed because we are civilized..

WendellBerry

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Re: Man arrested for public gardening
« Reply #121 on: June 05, 2009, 01:57:32 pm »

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Hence, another reason why "public" land is wrong.

You are using the word "public" to mean both "owned in common" (individual equal access opportunity rights) and "collectively owned" (joint ownership)...they are not the same.

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You have the right to free speech because you own yourself.

Not if all land is privately owned...hence the reason for "common right of ways" contained within sidewalks and roads.

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Since that could only happen at the point of a government gun, it's not "by the market."

Governance as legitimate local authority acts justly if using DEFENSIVE force to protect the absolute right of self-ownership of those being excluded.
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MaineShark

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Re: Man arrested for public gardening
« Reply #122 on: June 05, 2009, 02:00:15 pm »

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Hence, another reason why "public" land is wrong.
You are using the word "public" to mean both "owned in common" (individual equal access opportunity rights) and "collectively owned" (joint ownership)...they are not the same.

Stolen at gunpoint is stolen at gunpoint.

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You have the right to free speech because you own yourself.
Not if all land is privately owned...hence the reason for "common right of ways" contained within sidewalks and roads.

Land has nothing to do with my self-ownership, given that I am not a piece of land.

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Since that could only happen at the point of a government gun, it's not "by the market."
Governance as legitimate local authority acts justly if using DEFENSIVE force to protect the absolute right of self-ownership of those being excluded.

Enforcing your little religious dogma on others who are not members of your religion is not defensive force.  It is no less aggressive than any other attempt to impose theocracy.

Joe
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"An armed society is a polite society" - this does not mean that we are polite because we fear each other.

We are not civilized because we are armed; we are armed because we are civilized..
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