f you are going to insist on identifying 'social norms' with 'what is written on a piece of paper by these particular persons in this particular territory', then you must give an account of political legitimacy. — Virgo Avalytikh
Why do I have to give an account of political legitimacy? I've never been arguing that states or markets are inherently moral institutions, I've been arguing that your criticisms of them are incoherent.
There's no more to a system of property rights than how it's set out in the law and how that law's enforced. A claim that you seem to believe, as you seem to believe that ownership is determined by social systems. The law is certainly a social system that determines who owns what. So, the state has the benefit of actually existing here, your proposed social system does not, it provides no enforceable claims to property, it cannot decide what is expropriative and what isn't.
I've never been arguing that "We ought to follow every law because it's written on a piece of paper" or "We ought to follow every social norm because it's there", I've been arguing that what it means for a person to be subject to a law is to be in the territory of a governing body, or other social form, that has that as its law. Laws are social customs, in the sense that laws are a subset of social customs, they can be changed. They're codes. Ought one follow a law? Depends on the law. Ought one follow a mandate from a political body? Depends on the mandate. The normative force follows both from social customs (the widespread belief and teaching that we should follow the social codes, which includes the law, and so includes private property) and from some social customs being enforceable claims (when they're laws). This says nothing about whether the social customs, laws, states, etc are somehow "legitimate" or "moral".
What it does say, however, is that how you're criticising them is based on category errors. If a law or social custom holds, it holds whether it is moral or not. Ought it not hold if it is not moral? Sure. Ought it not hold if it
not holding for a specified reason cannot happen? No, ought implies can, cannot implies not ought. My argument strategy has been to show that what you're talking about couldn't possibly happen, or is based in category errors. Hence the argument about what it means to own something being solely a legal matter, or a matter of social custom.
I do not. I have objected, with no small amount of philosophical rigour, to the identification of 'social customs' with the State's edicts. Government and society are not the same. It is not us. — Virgo Avalytikh
You're right, governments aren't identical with the societies that they're in. Governments are (minimally) a collection of legislative bodies in a society.
Why I've been arguing is because if laws
are social customs, private property is also a social custom. What you own and how you own it is determined by the laws that apply to where you live. There's no further sense of ownership for private property above and beyond how the law says private property works. Does that mean how people own things and who owns what is moral in any particular social system? No. It does mean that an impossible social system (such as you've described or elided to describe), where property ownership is not just legally mandated social relationship irrelevant of how moral it is or how expropriate it is is an inappropriate standard to judge societies by, by virtue of being logically contradictory.
Does the government own your tax?
Yes.
Is it expropriating your property when you pay it?
No.
When a loan shark legally reclaims all your stuff for failed repayments, are they expropriating your property?
No.
Because the law entitles them to
reclaim their damages from what you own, they have their choice of what you own up to a specified value. They already owned it.
That is, in neither circumstance, no one is violating any property rights, because they're defined by the law.
When two people claim ownership for the same thing in a legal dispute, do they have conflicting items of property?
No, they have conflicting property claims. Who owns the thing is decided in the legal dispute. If the second person won, and the first person was preventing the second from access, maybe the first person has to pay damages, because
the second person already owned it.
That's all there is to ownership of commercial private property. It's determined by the law, which is a kind of social custom - albeit a social custom that few affected by it can change. Your use of "expropriation" and the like are merely poetic (insofar as laws are sufficient to define who owns what!)
Are you really suggesting that the pieces of paper on which the State writes determines metaphysics? — Virgo Avalytikh
No, it's our capacity to form social institutions that can be held responsible for things that makes such a thing a necessary part of our
social ontology. As far as the law goes, corporations are legal persons; they can be held legally responsible for things. What I'm doing is feeding facts like that into entailments you've suggested to show they're incoherent.
If your claim goes: "if X can be held legally responsible for something, then X has a mind", then corporations have minds because they are held legally responsible for things. If your claim goes "if X can be held legally responsible for something, then X is an agent", then I guess corporations are agents, so agents need not be humans at all.
*"doesn't have a mind => can't be held legally responsible" flipped around is "can be held legally responsible" => "has a mind". Something you have used to criticise what I've said
In general, you continue to criticise the state for failing to behave the same as something which does not and cannot exist, you agree that who owns what is determined by a system of property rights - like our system of property law - but you continue to criticise the state for "expropriating" what it already owns by that standard.
If anything, I'd hope that you pay your taxes with glee now, now that you know you're giving someone their own property back when they demand it. Hell, you are initiating force when you deprive them of their property! Non-aggression requires you pay it.