by – L. Richardson

Are you ready to expose one of the biggest myths perpetuated by the tyrannical state? The belief that we need the government to protect our sacred property rights is a bald-faced lie designed to shackle us in the chains of their criminal empires. 4 We’ve been conditioned to think that without the state’s heavy hand, our possessions would be stripped away by anarchy and lawlessness. But what if I told you true freedom in property ownership can only be achieved by liberating it from the state’s clutches? 4 2

History has shown us the disastrous consequences of letting power-hungry governments control our rights. It’s time we unshackle these truths and explore the voluntary legal framework and market forces that can revolutionize justice by replacing state tyranny with genuine property protection. 2 4 This article will expose how private defense agencies, funded through insurance models, can limit rogue behavior and secure what is rightfully ours – all without the iron fist of taxation and subjugation. 4 Brace yourself as we venture beyond the mythical veil to find anarcho-capitalist solutions to our modern struggles.

Property Rights and the State

Exposing the Myth:

The notion that the state is necessary to protect property rights is a blatant myth designed to shackle us in the chains of their criminal empires. 4 We’ve been conditioned to believe that without the state’s heavy hand, our possessions would be stripped away by anarchy and lawlessness. But the truth is, true freedom in property ownership can only be achieved by liberating it from the state’s clutches. 4 2

Historical Evidence:

History is a testament to the disastrous consequences of allowing power-hungry governments to control our rights. The Framers of the American Constitution venerated the right to property for its own sake and to guarantee personal independence [25]. 8 They believed that property was one with liberty and guaranteed people’s legal rights. 8

The Founders’ generation understood that property included the right to possess, use, enjoy, and dispose of land, commodities, currency, or equivalents [25]. 8 They also believed that “property” embraced goods earned by the sweat of one’s brow, including the right to the fruits of one’s labor. 8

Prominent thinkers like Sir William Blackstone, John Locke, Adam Smith, and Lord Edward Coke championed that the right to pursue a lawful occupation was an essential element of the property right, which could explain why English law disfavored monopolies [25]. 8

The Framers believed in natural law and saw it and the unwritten customs of the people as the source of law’s legitimacy and a shared heritage [25]. 8 As one contemporary scholar described, “Liberty itself was property possessed.” 8

  1. The Framers’ generation believed that the purpose of the law was to protect the guarantees of “security, liberty, and property,” which included the ability to acquire and own property [25]. 8
  2. They saw property protection as vital to civil society, as evidenced by the Virginia Declaration of Rights, which clearly made this point. 8

It’s time we unshackle these truths and explore the voluntary legal framework and market forces that can revolutionize justice by replacing state tyranny with genuine property protection. 2 4

Voluntary Legal Framework and Private Defense Agencies

Voluntary Legal Frameworks:

The heart of insecurity in property rights lies in the belief that institutions of law and order, such as the police and courts, do not protect the weak against the strong. 9 Judges cater to the government and the powerful, swayed by corruption and political influence, leaving the poor at a substantial disadvantage in the courts. 9 In this world of uncertain justice, many fear the government will seize their property without fair compensation. 9

This is where voluntary legal frameworks come into play, liberating property rights from the clutches of the state’s criminal empires. 4 These frameworks operate on mutual agreement, homesteading, and voluntary exchange, forming the bedrock of a genuinely free market for justice and property protection.

  1. Individuals acquire and transfer property through mutually agreed-upon transfers, including rents, sales, voluntary sharing, inheritances, gambling, and charity. 10
  2. Individuals can also acquire previously unowned resources through homesteading, mixing their labor with the resource over time, such as plowing a field, carving stones, or domesticating a wild animal. 10
  3. Property rights define the theoretical and legal ownership of tangible and intangible resources, allowing individuals, businesses, and governments to hold, delegate, rent, or sell their property. 10
  4. These rights form the basis for all market exchanges, ensuring the efficient allocation of resources in a society free from state tyranny. 10

Private Defense Agencies:

At the core of this voluntary legal framework lie private defense agencies (PDAs), theoretical enterprises that provide personal protection and military defense services to individuals who pay for them. 11 Anarcho-capitalists advocate for PDAs as a means to enforce the system of private property without the state’s iron fist. 11

These agencies operate on the principles of the non-aggression principle (NAP), physical causation, and the principles of contract and tort law, ensuring their decisions fully comply with the sanctity of property rights. 11 Private contract law would provide for criminal and penal law constructions on top of this foundation.

  1. Competing defense providers would concentrate on lower-cost defense and security technology rather than costly offensive weaponry, maintaining lower premiums and service charges. 11. A company’s offensive capabilities would be readily exposed by its competitors, deterring aggression.
  2. PDAs would be unlikely to engage in aggression, as they would become targets of retaliatory force and face severe business ostracism. 11 Honest and productive individuals would dissociate themselves from such agencies, fearing retaliation or damaging their reputation.
  3. In a stateless society, there would be no legalized channel for crime and aggression, making it extremely difficult for rogue agencies to create an instrument of invasion and property violation. 11 Historically, it took state rulers centuries to develop a functioning apparatus of oppression.
  4. PDAs would be involved in private dispute resolution lawsuits and would only use force to defend the winner of a case against the loser, fully complying with the non-aggression principle and the principles of contract and tort law. 11

By embracing voluntary legal frameworks and private defense agencies, we can liberate property rights from the shackles of the state, ushering in a new era of true freedom and justice without the need for taxation or subjugation. 4 2

Funding Security Services

Innovative Funding:

Without state coercion, funding security services requires innovative approaches that align with voluntary exchange and mutual agreement principles. 14 Creative financing strategies allow individuals and communities to secure property rights without relying on traditional state-backed funding mechanisms.

  1. Private money lenders and partnerships enable the formation of decentralized security networks tailored to communities’ specific needs. 14 These arrangements empower individuals to structure financing in unique ways, mitigating risks and maximizing potential returns on their investments in property protection.
  2. Seller financing and lease options present viable alternatives for funding security services without the burdens of traditional lending. 14 By working directly with service providers, communities can negotiate customized terms prioritizing their rights and fostering a true sense of ownership over the protection they receive.
  3. Creative financing’s flexibility allows for exploring diverse avenues, tapping into opportunities that traditional state-backed funding sources may overlook or deem too risky. 14 This versatility ensures that every community is included in securing its rightful property claims.

Community-Based Solutions:

True freedom in property ownership can only be achieved through community-driven initiatives that liberate property rights from the clutches of the state’s criminal empires. 4 2 Community Rights Networks (CRNs) and programs like the Community Development Block Grant (CDBG) empower communities to design and implement strategies tailored to their unique needs and priorities [26]. 16

  1. CRNs serve as hubs, facilitating and amplifying the energy and resources from community organizing efforts. 15 They support local initiatives to protect property rights while channeling the collective force towards structural change at the state level, ultimately dismantling the state’s grip on property ownership.
  2. The CDBG program’s emphasis on consolidated planning expands and strengthens partnerships among all community and private sector levels, fostering a collaborative approach to enhancing property protection. 16 Its flexibility empowers communities to allocate funds towards activities that directly address their property rights concerns, such as real estate acquisition, relocation and demolition, rehabilitation of structures, and the provision of public services [27].
  3. Nonprofit programs like the Neighborhood Assistance Corporation of America (NACA) offer low-rate financing options and character-based qualification criteria, enabling low- and moderate-income individuals to secure property ownership without the burdens of traditional lending requirements. 13 These community-driven initiatives level the playing field, ensuring that property rights are not solely reserved for the privileged few.

By embracing innovative funding strategies and community-based solutions, we can liberate property rights from the shackles of the state, ushering in a new era of true freedom and justice without the need for taxation or subjugation. 4 2 The path to securing property rights lies in the collective power of communities, united in their pursuit of a future determined not by corporations or the state but by the people who inhabit these communities. 15

Limiting Rogue Agencies

Regulatory Frameworks:

Collaborative regulatory action is crucial to secure the future of private security agencies and ensure the protection of human rights. 1 A global framework is needed to guide the implementation and enforcement of adequate standards. 1 Any effective Standards Implementation and Enforcement Framework must be based on the state’s fundamental legal duty to protect human rights, the corporate responsibility to respect these rights, and the shared obligation to provide access to remedy in case of violations [28]. 1

The U.S. Government supports international efforts to regulate and oversee Private Military and Security Companies (PMSCs) [29]. These efforts include [30]:

  1. The development and promotion of the Montreux Document on pertinent international legal obligations and good practices for States Related to Operations of Private Military and Security Companies During Armed Conflict18 This document describes existing legal obligations regarding PMSCs and lists recommended good practices for states contracting such services and where these companies are registered and/or operate.
  2. Promoting the International Code of Conduct for Private Security Service Providers (ICoC) [31]. 18 The ICoC represents the PSC industry’s commitment to abide by the legal obligations of the Montreux Document and implement the recommended good practices consistent with broadly accepted human rights principles [32].

The Department of Defense (DoD) ensures that its regulations covering PSCs are reviewed for consistency with the Montreux Document and works with other U.S. agencies for consistency throughout the government and to promote it internationally [32]. 18 The DoD also promoted the development of a Forum for Montreux Document Participants to share information, review best practices, ensure consistency in national legislation, provide state oversight of the ICoC initiative, and review the application of the Montreux Document’s goals to conditions other than armed conflict and for non-state purchasers of such services [32]. 18

Accountability and Transparency:

Transparency and accountability are essential to limit opportunities for corruption and ensure that security sector funds are being spent effectively and efficiently. 20 Relevant openness, clarity, and credibility regarding security and defense policies are crucial preconditions for the security sector’s civil control, accountability, and good governance. 20

Key documents and information prepared or commissioned by the government, including the Ministry of Defense and security agencies, should be available to the public. 20 The process of planning, programming, budgeting, and executing must be transparent, allowing civil society, ministers, parliamentarians, Civil Society Organizations (CSOs), and other concerned actors to exercise their right of holding the security and defense establishments accountable for their performance. 20

Policy/budget execution assessments, program monitoring, and evaluation schemes are necessary to ensure that transparency translates into accountability. 20 The armed forces and security agencies must be answerable to ministers who are, in turn, answerable to elected representatives of the people. 20 These representatives should exercise legislative oversight of security sector institutions, policy, and spending, which should also be monitored by CSOs, NGOs, academics, media, interest groups, and civil society. 20

By fostering transparency, security managers can demonstrate their commitment to providing top-quality services and build client confidence. 19 Guard monitoring systems, utilizing GPS tracking and digital checkpoints, automatically record crucial data points, making it easier to evaluate guard behaviors during patrols and identify areas for improvement. 19 Sharing this data with clients helps them recognize security trends and the measures taken to mitigate incidents, fostering trust in the service provider’s recommendations and value. 19

Transparency demonstrates value to current clients and lays the groundwork for attracting new customers as corporations increasingly demand transparency from their security providers. 19 By showcasing technology for effective guard management and accurate information delivery, service providers become more appealing over potential competitors, mainly if they can illustrate how their transparency efforts have allowed other clients to improve their security practices. 19

Conclusion

The shackles of state oppression have bound us for too long, subjugating our sacred rights to the whims of power-hungry tyrants. It’s time to unleash the full potential of voluntary legal frameworks and embrace the anarcho-capitalist solutions that can secure our property rights without the iron fist of taxation and subjugation. [WAKE UP, FOLKS! We must ensure our property rights without the state’s criminal grip. Brush up on your history and join the fight against those who defend the state as a necessity for protecting what is rightfully ours!]

The path forward is clear: private defense agencies funded through innovative models, fortified by community-driven initiatives, and governed by principles of accountability and transparency. Can we truly liberate ourselves from the mythical veil that has shrouded our understanding of genuine property protection? It’s time to embrace the anarcho-capitalist revolution and reclaim our rightful ownership over the fruits of our labor without the tyrannical intervention of the state.

FAQs

How are property rights safeguarded in the United States?

The U.S. Constitution, specifically the Fifth Amendment, ensures that individuals cannot be deprived of their life, liberty, or property without due process of law. Additionally, it states that private property can only be taken for public use if providing just compensation to the owner.

What constitutes a violation of property rights?

A violation of property rights occurs when an individual’s property is taken without their consent and without fair compensation. This can happen through either force or fraud, transferring ownership from the rightful owner to another party who has not rightfully acquired it.

What does it mean to have secure property rights?

Secure property rights are established through well-defined and enforced laws that outline ownership and the benefits of owning property. These laws vary across jurisdictions but protect property owners’ rights.

Can you provide an example of how property rights are protected?

A notable example of property rights protection is “eminent domain.” This is when the government compensates a landowner if their property is required for public projects, such as expanding a roadway. This principle, while rooted in the early days of the U.S., involves interpretations of the Takings Clause.

References

[1] – https://online.law.pitt.edu/blog/an-overview-of-property-rights-in-law

[2] – https://www.quora.com/How-can-private-property-rights-be-secured-without-the-use-of-government-force

[3] – https://www.quora.com/Can-property-rights-exist-without-government

[4] – https://www.investopedia.com/terms/p/property_rights.asp

[5] – https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3074&context=clr

[6] – https://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1549&context=olr

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[8] – https://www.heritage.org/economic-and-property-rights/report/the-framers-understanding-property

[9] – https://scholar.harvard.edu/files/shleifer/files/securing_property_rights_and_appendices_august19.pdf

[10] – https://www.investopedia.com/terms/p/property_rights.asp

[11] – https://en.wikipedia.org/wiki/Private_defense_agency

[12] – https://crsreports.congress.gov/product/pdf/R/R40835

[13] – https://www.bankrate.com/real-estate/creative-home-financing-ideas/

[14] – https://www.realestateskills.com/blog/creative-financing-real-estate

[15] – https://celdf.org/community-rights/

[16] – https://www.hud.gov/program_offices/comm_planning/cdbg

[17] – https://www.ipinst.org/wp-content/uploads/publications/pmsc_epub.pdf

[18] – https://www.acq.osd.mil/log/LOG_CSD/psc_International_Efforts.html

[19] – https://www.tracktik.com/blog/accountability-security-benefits-transparency/

[20] – https://securitysectorintegrity.com/security-sector-governance/transparency/

[21] – https://www.cato.org/cato-handbook-policymakers/cato-handbook-policy-makers-8th-edition-2017/property-rights-constitution

[22] – https://www.quora.com/How-can-private-property-rights-be-secured-without-the-use-of-government-force

[23] – https://www.quora.com/Is-there-any-good-alternative-to-private-property

[24] – https://journals.sagepub.com/doi/full/10.1177/08969205231195378

[25] – The Framers’ Understanding of “Property” | The Heritage Foundation. https://www.heritage.org/node/22527141/print-display

[26] – Community Development Block Grant | Home | EO Shops Local-East Orange Covid-19 Resources And Information. https://www.eoshopslocal.com/projects

[27] – Rodgers, M. L. (2010). Bridging the gap: Methods to improving financial feasibility in historic rehabilitation projects. https://doi.org/10.17615/0z85-xc28

[28] – (2017). Poland, United States: Deputy Minister Joanna Wronecka attends a conference on UN Guiding Principles on Business and Human Rights Implementing the National Action Plan. MENA Report, (), n/a.

[29] – (2007). Contractors in war. Strategic Comments. https://doi.org/10.1080/13567880701837679

[30] – Welcome to L&MR. https://www.acq.osd.mil/log/LOG_CSD/psc_International_Efforts.html

[31] – USALAMA REFORMS FORUM – CSO PROFILE – ICoCA – International Code of Conduct Association. https://icoca.ch/2023/06/01/usalama-reforms-forum-cso-profile/\

[32] – Welcome to L&MR. https://www.acq.osd.mil/log/LOG_CSD/psc_International_Efforts.html

[33] – https://www.infowars.com/posts/can-we-secure-property-rights-without-the-state/

[34] – https://mises.org/mises-wire/can-we-secure-property-rights-without-state

[35] – https://www.realtor.com/news/trends/when-squatters-strike-why-squatting-is-on-the-rise-and-so-hard-to-solve/

[36] – https://squatterhunters.com/

[37] – https://cdn.mises.org/Income%20Tax%20Root%20of%20All%20Evil_4.pdf

[38] – https://mises.org/mises-daily/fdr-sowing-seeds-chaos

[39] -https://www.paulcraigroberts.org/2024/04/11/the-great-dispossession/

[40] – https://cdn.mises.org/Left%20and%20Right_1_2_5.pdf

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[43] – https://www.amazon.com/Frontier-Violence-Another-W-Eugene-Hollon/dp/0195017501/ref=sr_1_1?crid=373FXN0LTRKXB&dib=eyJ2IjoiMSJ9.KNo4chZAsy_3oKvZOwYcduHkE279hhBk5Ix2AEyX7qiQa7wfp0nZQR3rK1FFbqbK-GW0TLOyjrLJ3Cm0yDAr6I87X6qwo772sM1xemDF6OVdk8f7uzPl3yhvWH_zZt3t7GkaHGGPZi3cEB5v2TFNc9QBuqW3U0N7XCjbrJOa-Q_1wmkyeU7zQuOmXNbkHjM00XvrW-slq3h5k9wyg-p0otzayBSCKXsUdQ1S3l9GOqY.6DXpaeDfuVR_kHyhl7PIz2UxM73q6Jko6BlIA13BYRk&dib_tag=se&keywords=Frontier+Violence:+Another+Look&qid=1712676664&sprefix=frontier+violence+another+look,aps,129&sr=8-1

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[45] – https://mises.org/library/book/chaos-theory-two-essays-market-anarchy

[46] – https://mises.org/mises-daily/wouldnt-warlords-take-over

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