You are viewing the historical archive of The Philosophy Forum.
For current discussions, visit the live forum.
Go to live forum

Giving everyone back their land

Wheatley April 22, 2018 at 06:23 13750 views 54 comments Political Philosophy
Do you believe that some countries are illegitimate in that they took someone's land with out permission? If so, what should be done about it ideally? Should we give back the the land? To whom? the original owners or the previous owners?

Should Israel give the land back to Palestine? Should Australians give back their land to aborigines? Should Americans give back the land to the natives? Surely that's the only fair thing to do.

All humans took land away from animals. Should we abandon civilization and give back the land to animals? Wait a minute...those animals took land from other animals. Perhaps we should give land to the original animals. What are the original animals? They're probably extinct by now. Now what?




Comments (54)

Baden April 22, 2018 at 07:37 ¶ #173285
Reply to Purple Pond

And the corollary question is: should we just allow people to take others' land with impunity? Which on a grand scale translates to, is ethnic cleansing OK? The answer by the way is "no" and it's very easy to hold that position without demanding New Yorkers vacate Manhattan and give it back to the Indian population their ancestors decimated hundreds of years ago. Anyway, we've already had these facile comparisons of Palestinians with Native Indians in another discussion. Are we really going to rehash that nonsense here? If that's the direction this is going in, then just take it to that discussion which is already a mess rather than start a new mess here.
Txastopher April 22, 2018 at 08:14 ¶ #173287
Is it even possible to 'own' land in any but the legal sense. If we agree that it is, when do we draw the line on original ownership? Do we start with the labour-mixing of the agricultural revolution as Locke does or do hunter-gatherers also have a claim to land?

If we go down the first come-first served route, then the vast majority of land is unethically held. If we agree that unethically held land should be returned, then it follows that the vast majority of land should be returned.

Seems like a good case for status quo bias, given the complexity of the alternatives.
Baden April 22, 2018 at 08:41 ¶ #173290
Reply to jastopher

The complexity requires the application of intelligence, patience and empathy for both sides in any dispute over land, particularly one that has already, or has the potential to, end up in war. That paid off in Northern Ireland, for example. What isn't helpful is ignoring the complexity in favor of arguing about binary oppositions that could be written on the back of a postage stamp, such as "give everyone back their land" vs "don't give anyone back their land".
Txastopher April 22, 2018 at 09:38 ¶ #173292
Reply to Baden Er, no.

We bite the bullet; accept that land-ownership is unethical, and think about how to move forward given that it is impossible to right this wrong in every case.

Re: Northern Ireland, I was unaware that this was a land-rights issue. However, it's certainly the case that Viking invaders stole significant territory from the previous population. Perhaps, we can test the current population for Viking gene-markers and return the land to its prior owners, or should we delve deeper into human history and find the autochthonous settlers and give everything to them? Or is, as you suggest, the right to land ownership only proportional to the clamour made by those demanding reparations?

There has already been a political-philosophical proposal to solve this problem. Remember, "Property is theft!"? Not terribly successful.
Baden April 22, 2018 at 10:01 ¶ #173294
Quoting jastopher
Er, no


What point are you disputing?

Quoting jastopher
Re: Northern Ireland, I was unaware that this was a land-rights issue. However, it's certainly the case that Viking invaders stole significant territory from the previous population.


What on earth are you talking about?
Baden April 22, 2018 at 10:23 ¶ #173296
Just in case anyone is wondering, the Vikings never "stole significant territory" in Northern Ireland. They settled the South (see map). And in my comment, I was obviously referring to the protestant settlers from Britain and their ongoing conflict with those who came before.

Viking Invasions:
User image

Protestant Plantations:

User image

.



Wheatley April 22, 2018 at 11:05 ¶ #173297
Quoting Baden
And the corollary question is: should we just allow people to take others' land with impunity?
Taking land usually involves war which can get really ugly. I don't think fighting a war in order to take someone's land is moral.
Quoting Baden
Which on a grand scale translates to, is ethnic cleansing OK?

Not necessarily. You don't have to ethnically cleanse a country to take it over. Peutro Rico for example was acquired from the Spanish by the United States in the Treaty of Paris 1898.


Baden April 22, 2018 at 11:18 ¶ #173298
Reply to Purple Pond

I saw you in the OP as attempting a reductio on the idea of giving everyone back their land, or political control of territories previously settled or seized by foreigners (as applies in N.Ireland, for example). Which you can do, but it's just as easy to do a reductio on the idea of allowing the illegal seizure or settling of a territory to always go unchecked. My objection is to the idea, which I inferred from your OP that as the former is absurd, the latter must not be (correct me if I misread you). What is absurd in my view is reducing disputes over land and the control of territory in general to this level of simplicity.
Txastopher April 22, 2018 at 11:51 ¶ #173299
Reply to Baden Thanks for the maps. It would great if you could engage with the arguments, though.
Hanover April 22, 2018 at 12:07 ¶ #173300
The right to possess land within an established system is determined by the system. My right to own my land is clear under the American system and to deprive me of it would victimize me and unfairly benefit another.

The right of Americans to continued posession of its land and to create their system is based on nothing other than political acceptance of that right by Americans and to some extent the international community. Should Americans begin to question their right to the land and should the international community question it, their claim to the land will be weakened.

The solution to this attack on American legitimacy will be to (1) convince its citizens and the international community of its legitimacy and (2) to be unwavering in its defense of its land. That is, it's got to convince others and be thoroughly self-convinced that the land is its own.

The opposition wanting the land would therefore be required to do what is necessary to delegitimize the American claims to the land if it wanted to reaquire the land.
Baden April 22, 2018 at 12:12 ¶ #173301
Reply to jastopher

What arguments? I responded already to your misunderstandings about Vikings and N. Ireland. Apart from that, there is an "er no" which I already asked you to connect to one or more of my previous statements. Then there's a strawman where you claim I suggest "the right to land ownership [is] only proportional to the clamour made by those demanding reparations" (obviously not only given what I've already written, so this is hardly worth spending time on). Finally there is an allusion to the anarchist statement that "property is theft", which doesn't address anything I've written.
Baden April 22, 2018 at 12:14 ¶ #173302
Quoting Hanover
The right of Americans to posess the land and to create their system is based on nothing other than political acceptance of that right by Americans and to some extent the international community. Should Americans begin to question their right to the land and should the international community question it, their claim to the land will be weakened.


That's more or less it. Although the pressure the international community can bring to bear on a particular country depends to a large degree on the relative power of that country so we don't always get fairness in this process.
Hanover April 22, 2018 at 12:19 ¶ #173303
Quoting Baden
Although the pressure the international community can bring to bear on a particular country depends to a large degree on the relative power of that country so we don't always get fairness in this process.


That's true, with a good example being Russia's aquisition of Crimea, a modern day crime if there ever were one.
Baden April 22, 2018 at 12:22 ¶ #173304
Reply to Hanover

I would agree with that, yes.
iolo April 22, 2018 at 12:22 ¶ #173305
Where did anyone ever get the right to property in anything? Still, we prosecute people for theft, and the Zionists are prime candidates. Even assuming that some of their ancestors actually lived in that territory, does that give us all the right to claim territory our myths tell us 'our people' once lived in? The ethnic cleansing of the Palestinians, who were manifestly living in that Country when the Zionists arrived, is a provable fact. It's a question, I suppose, about how far you go back. Could we establish, now, who inherits the responsibility for racist slavery in the US, and to whom compensation should be paid? Fair numbers would, given the doings of plantation owners and such, on genetic inheritance, be in both camps. Should we accept as true the Nineteenth Century fantasies of vast German hordes (swimming, doubtless, since they appear to have had no sails) repopulating eastern Britannia? We all know pretty well about what has happened over the last hundred years or so, however, and the criminal behaviour of the Zionists is definite enough, surely? But, as with the doings of China and others, have we the power to do anything about it? Probably yes, just, but not immediately.
Londoner April 22, 2018 at 12:25 ¶ #173307
We shouldn't assume that the land was owned by whatever group happened to live there before it was taken over by others, such that they should be given it back. Freehold is very rare historically.
Baden April 22, 2018 at 12:29 ¶ #173308
Reply to iolo

Both Palestinians and Jews have reasonable claims to the land in that area. Zionism is the Jewish part of that claim and it's been internationally recognized as valid. That boat has sailed justifiably. The issue now is how to find a balance with the Palestinian claims. It won't be by pushing the Israelis into the sea.

iolo April 22, 2018 at 12:35 ¶ #173309
I am at a loss to understand your first sentence. The dominant world power, the USA, and its opponent, the USSR, set up 'Israel' to avoid having many dp's arriving at their own gates, and the 'state' has survived ads a favoured American colony since then. It seems to me that (reasonably in the circumstances of the time) the Zionists saw their survival in imitating Hitler, and would have been content with some other reich, Madagascar for instance. Lots of pirate ships have sailed over time, but people had to stop them eventually.
Baden April 22, 2018 at 12:54 ¶ #173312
Reply to iolo

You can take your hate for Zionists elsewhere. Address the general principle under discussion or don't post.
Londoner April 22, 2018 at 12:57 ¶ #173315
Quoting Baden
Both Palestinians and Jews have reasonable claims to the land in that area.


That isn't how we normally understand property rights. I don't have a 'reasonable claim' to somebody else's property because of my race or religion.
Baden April 22, 2018 at 13:00 ¶ #173317
Quoting Londoner
I don't have a 'reasonable claim' to somebody else's property because of my race or religion.


So what? Palestinians and Jews have claims to this land because they live there and have lived there historically not because of their race and religion.
iolo April 22, 2018 at 13:01 ¶ #173318
'You can take your hate for Zionists elsewhere. Address the general principle under discussion or don't post. '

Yes, Master! At once, Master!
Baden April 22, 2018 at 13:02 ¶ #173319
Reply to iolo

Gee, "Sir" would have been enough. :hearts:
BC April 22, 2018 at 13:22 ¶ #173321
Quoting Baden
ethnic cleansing


The idea that diversity is a universal good which communities at all levels ought to seek is a current vogue, at least for the last several decades. "Ethnic cleansing" appeared in print only in the mid 1990s. It was first applied, if memory serves, in the Balkan conflicts in the 1990s--Kosovo, Bosnia-Herzegovina, Serbia, etc. (The disputed issues weren't new in 1995; they had been the subject of conflict there for over a century.)

Since then it's been used quite a lot, per this Google Ngram (representing usage in print)

User image
frank April 22, 2018 at 13:29 ¶ #173322
I think the word "right" is being used so loosely in this thread that it doesn't mean much. Can a people have a natural right to a stretch of land? They could if Nature gave a damn. What other type of right might we be talking about?

Heh. I put right and might in the same sentence. Oh.
Londoner April 22, 2018 at 13:44 ¶ #173324
Quoting Baden
So what? Palestinians and Jews have claims to this land because they live there and have lived there historically not because of their race and religion.


If I have a claim on some land I am asserting ownership. If my claim is because other people of the same race or religion as me have lived in that area 'historically', then my claim would be based on my race or religion.

The thread is about 'giving everyone back their land'. If the people who once lived there are dead, then that isn't possible. Not unless we believe in some form of tribal inheritance.





Baden April 22, 2018 at 13:46 ¶ #173326
Quoting Bitter Crank
The idea that diversity is a universal good which communities at all levels ought to seek is a current vogue, at least for the last several decades. "Ethnic cleansing" appeared in print only in the mid 1990s.


Ethnic cleansing is "the mass expulsion or killing of members of an unwanted ethnic or religious group in a society" so you can be against diversity / multi-culturalism and limit immigration accordingly (that's a legitimate position to take in my view), and also be against ethnic cleansing. And I'd presume most of the anti-immigrant crowd would be against that.
Baden April 22, 2018 at 13:48 ¶ #173327
Reply to Londoner

In the case of Zionism in particular, there is that element, yes, but national identity is not solely based on race and religion. You can be Palestinian and Christian, Israeli and atheist etc., so it's not a particularly accurate way of viewing the situation.
Baden April 22, 2018 at 13:52 ¶ #173328
Quoting frank
What other type of right might we be talking about?


Legal rights under national and international law guided by treaties, mutual understandings, precedent etc.
BC April 22, 2018 at 13:53 ¶ #173329
Quoting Purple Pond
Do you believe that some countries are illegitimate in that they took someone's land with out permission? If so, what should be done about it ideally? Should we give back the the land? To whom? the original owners or the previous owners?


No. I don't believe that countries are illegitimate if they took someone's land without their permission. The history of our species involves waves of populations over-running other populations. There is no plot of land on earth, as far as we know, that hasn't been contested at some point during the last, oh, 50,000 years, on down to this very moment.

The way peoples and nations behave isn't governed by the rules of etiquette. Real Politic tends to be brutal. I am not applauding that fact, and I am not asking anyone else to applaud it, but that is in fact how things work most of the time.

Yes, it is true that European empires seized ownership of the western hemisphere from the native people. All of the European empires were founded by people who were not originally occupants of their imperial states. Britain, France, Spain, and Portugal had been over run in previous centuries before they started their imperial careers--several times in some cases. The Western Hemisphere had been populated for 10,000 years+ by populations who were definitely not above running over neighboring peoples.

The only recourse that protects nations from being over-run is defensive warfare. Had the Axis been slightly more successful in WWII, and the Allies been slightly less successful, the map of Europe and Asia would look much different today than it does. Had the Axis been significantly more successful, there would probably not be a lot of dispute that the new map made perfectly good sense.
BC April 22, 2018 at 14:03 ¶ #173330
Reply to Baden I'm not arguing in favor of ethnic cleansing of course. There are obvious benefits to be derived from herding the Swedish population out of Minnesota into Wisconsin but the UN just wouldn't stand for it. They might send Irish peace keepers to Minneapolis to monitor the safety of the Swedes. Quelles horreurs!
Baden April 22, 2018 at 14:08 ¶ #173331
Reply to Bitter Crank

They really do talk funny up there. I've seen enough Coen brothers movies to know that. But the meatballs...

Quoting Bitter Crank
The only recourse that protects nations from being over-run is defensive warfare


Historically that's been true, which is part of the reason for the development of the United Nations, and international law in general etc., so you're not supposed to get away with it any more either legally or morally. (Obviously if you have done already for hundreds of years, it's too late to do much about it, but that's not a good argument for laissez faire now.)
frank April 22, 2018 at 14:18 ¶ #173333
Quoting Baden
Legal rights under national and international law guided by treaties, mutual understandings, precedent etc.


Where there is national law, it would appear any such questions have already been answered (someone is already claiming the land).

I'm not sure I understand what international law is (beyond a nice idea). Wouldn't there have to be an international government for that?

And treaties come and go. History testifies to the insignificance of treaties. And mutual understanding? Again, where that exists, there is no issue.

So if People-X believe they have a right to Land-Y, they best demonstrate that right through military force, otherwise, they're probably just confused.
Baden April 22, 2018 at 14:19 ¶ #173334
Reply to frank

https://en.wikipedia.org/wiki/International_law
frank April 22, 2018 at 14:27 ¶ #173336
Reply to Baden As I said, nice idea.
Txastopher April 22, 2018 at 14:53 ¶ #173344
Quoting Baden
What arguments?

Is it even possible to 'own' land in any but the legal sense[?] If we agree that it is, when do we draw the line on original ownership? Do we start with the labour-mixing of the agricultural revolution as Locke does or do hunter-gatherers also have a claim to land?

If we go down the first come-first served route, then the vast majority of land is unethically held. If we agree that unethically held land should be returned, then it follows that the vast majority of land should be returned.


Quoting jastopher
Perhaps, we can test the current population for Viking gene-markers and return the land to its prior owners, or should we delve deeper into human history and find the autochthonous settlers and give everything to them? Or is, as you suggest, the right to land ownership only proportional to the clamour made by those demanding reparations?


The 'we were here first' argument doesn't work.
Baden April 22, 2018 at 15:04 ¶ #173347
Reply to jastopher

No, I don't think we simply need to go down the first come, first served route. It's much more complicated than that (and that should be crystal clear from what I have already said in this discussion). Everything else I dealt with in my last comment.
Baden April 22, 2018 at 15:10 ¶ #173350
Re: your edit

Quoting jastopher
The 'we were here first' argument doesn't work.


What specific quote of mine is this supposed to connect to?

This is the second time I've asked you. The last time was your "Er no" which you have still haven't connected to anything specific I said. That's not how it works. I make a point, you address it and vice versa.

frank April 22, 2018 at 16:01 ¶ #173352
Quoting Purple Pond
Do you believe that some countries are illegitimate in that they took someone's land with out permission? If so, what should be done about it ideally? Should we give back the the land? To whom? the original owners or the previous owners?


I think there's value in realizing that we're all just passing through, making "transient abodes." One of the terrible things that happens when we forget that is that it becomes right to kill somebody else's son. Can you imagine?
Kitty April 22, 2018 at 16:21 ¶ #173355
We need to get back to colonialism. It would create a better world with fewer conflicts and less poverty.
Txastopher April 22, 2018 at 16:53 ¶ #173356
Quoting Baden
The 'we were here first' argument doesn't work.
— jastopher

What specific quote of mine is this supposed to connect to?


Reply to Baden It may come as a surprise, but this thread is not all about you.

This is a summary of my position for anyone who might wish to engage.

Your position, far from being 'crystal clear', strikes me as being elusive to the point of insignificance.
BC April 22, 2018 at 17:45 ¶ #173363
Reply to Kitty There is the opinion that some African countries just weren't colonies long enough -- like Kenya and Uganda, for instance. Maybe 50 more years...
Baden April 22, 2018 at 17:58 ¶ #173366
Reply to jastopher

If that's all your argument boils down to, OK, I'll leave it to others, but nobody here is claiming or is likely to claim that the first inhabitants of any particular tract of land have exclusive rights over it forever.
Txastopher April 22, 2018 at 18:17 ¶ #173369
Actually, I'm going to modify what I said. I think this is better:

The 'we were here before you' argument doesn't work in most cases.
frank April 22, 2018 at 18:24 ¶ #173372
Reply to jastopher Where I've heard it, it wasn't really meant as an argument. It was just nasty rhetoric. The party in question has nuclear weapons.
TheMadFool April 23, 2018 at 07:53 ¶ #173506
Reply to Purple Pond Slippery slope?
Shamshir September 22, 2019 at 11:34 ¶ #332279
Quoting Purple Pond
Do you believe that some countries are illegitimate in that they took someone's land with out permission?

Some countries were forcibly made up by splitting an existing country in order to weaken it and ultimately destroy.

And today the denizens of these countries, stubborn donkeys that they are, refuse to acknowledge this and continue on pretending.

History repeats itself, I guess.
iolo September 22, 2019 at 12:07 ¶ #332294
On the one hand, who owns land: it's just there. On the other hand, it has always been regarded as a sort of property, and those who got there first have the prior claim. The Protestant settlements in Northern Ireland are still regarded as disputable, but they mostly happened a lot earlier than the European settlements in North America. We fought the Normans for our land here for about two hundred years, and a lot got stolen at the annexation of our country by England. I think the best way to look at all these issues is in terms of what they call 'frozen violence'. The racist colonisation of Palestine by Zionists is getting too powerful to stop for the moment, but unless the Arab peoples are wiped out, it will come up back, and the Native American, Native Australian Western 'Chinese' peoples are owed, sometime, at least huge compensation. Time will tell, if the world survives. Probably great wedges of desert will be there for the taking well before that!
god must be atheist September 22, 2019 at 16:45 ¶ #332360
"War is the ultimate diplomacy."

Reparations are made when the victors feel like it. This is not ethical, or just, or right, it ONLY IS SO.

Much like you breathe in billions of microbes with the air, and some you kill, some kill you, but it has nothing to do with justice, with what's right and or ethical. It only has to do how IT IS.

A lot of history is interwoven with justifying this or that, whereas the forces of historical politics are not justice, fairness or ethics, but greed, force, and survivalism. The most common misinterpretation of wars and genocide by both the religious and the secular atheists (is this a redundant expression?) is that they blame the other for huge obliterations of masses of people. It never is about religion or lack of conscience. It is always about women, gold, oil, arable land.

There is nothing we can do about it. There were no wars stopped due to ethical reasons, no land was ever given back to their previous owners, no reparations were ever made by the victors.

This is how it IS. If anyone wants to change this, they have an enormous task on their hands.
Possibility September 23, 2019 at 06:59 ¶ #332590
Quoting Purple Pond
Do you believe that some countries are illegitimate in that they took someone's land with out permission? If so, what should be done about it ideally? Should we give back the the land? To whom? the original owners or the previous owners?

Should Israel give the land back to Palestine? Should Australians give back their land to aborigines? Should Americans give back the land to the natives? Surely that's the only fair thing to do.

All humans took land away from animals. Should we abandon civilization and give back the land to animals? Wait a minute...those animals took land from other animals. Perhaps we should give land to the original animals. What are the original animals? They're probably extinct by now. Now what?


Illegitimate? Not at the time, in most cases. Rude, disrespectful, oppressive, dismissive - yes.

To be honest, giving the land back - even if you could work out who to give it ‘back’ to - wouldn’t really solve the problem, and it’s not even close to ‘fair’. Because it isn’t just the land that was taken without permission in most cases.

In Australia, land ‘ownership’ for Aboriginal people amounts to their spiritual and cultural connection to country. Fences and trespassing laws prevent them from accessing their songlines - cultural histories, songs and myths that are linked to natural landmarks and the experience of walking the land. Access to fishing and hunting grounds as well as other food or water sources and meeting spaces also play a significant role in their family and social dynamics, and in retrieving their cultural confidence.

Restoring or at least striving to understand and respect these connections goes some way towards ‘giving back’ to Aboriginal communities the freedom and confidence to then connect with the world on their terms - as a rich and vibrant culture that has value, and as a proud people deeply connected to their environment - instead of a displaced and scattered people with a lost culture.

What Aboriginal culture can teach us about connecting to the land we live on and the diversity of life it sustains, how to listen to the country and restore its strength, and how to respect someone else’s connection to (instead of ‘ownership’ of) the land, are more valuable to us now, in this current climate, than they ever have been.
unenlightened September 23, 2019 at 07:15 ¶ #332598


The whole world belongs to you, so don't wait for anyone to give you a scrap of it, or imagine you can give a scrap of it to anyone.
Deleted User September 23, 2019 at 07:37 ¶ #332601

Quoting Purple Pond
Do you believe that some countries are illegitimate in that they took someone's land with out permission?

They were illegitimate (not sure that's the adjective I'd use, but it's not far off), then it hardened, and they become legitimate. Because now the original victims and conquerers are dead. And because to take the land away now would be abuse by whatever power managed to accomplish this.

Should we return it? Well, if it very recently happened possibly. Depending who we are and who they are and the effects of doing this or trying to will be. If it means WW3, then probably not.

I think Israel needs to make it equal under the law for Palestinians. In theory and in practice. I am not sure there is a way to go back in time, but they need to stop doing new things that should get reparations.

Native Americans: It's not practical to give them back the continent. But I could see giving them more land.

Animals: we should try to minimize the damage we do to them. At least, that's my preference.

I think the main thing is to try to set the history right. To acknowledge that certain actions were not only not noble nor manifest destiny nor the right of Kings etc. but even just malicious behavior often based on hallucinations. That's a tough enough goal. Get past that one and perhaps something else could be done.
alcontali September 23, 2019 at 11:46 ¶ #332657
Quoting Purple Pond
Should Israel give the land back to Palestine? Should Australians give back their land to aborigines? Should Americans give back the land to the natives?


These are different cases.

The aboriginals in Australia are not being banned from (parts of) Australia. The same holds true for native Americans. A native American can go to New York or San Francisco and live there like he wants.

That is not the same for a large number of Palestinians who fled (or were "helped" to flee) and who are now being denied the right to return to where they originally lived. A Palestinian who ended up in Gaza or Bethlehem will be prevented to travel to Haifa or Tel Aviv if he wanted to live there.

In that sense, it is not even about "giving back the land".

These people were citizens and residents of the complete former British mandate of Palestine. They had free movement all over mandatory Palestine. They could live anywhere they wanted in mandatory Palestine. These rights were taken away by the State of Israel. There is absolutely no reason why they should accept such reduction of their rights.
Terrapin Station September 23, 2019 at 12:14 ¶ #332666
"Their land" at what historical point?