Before trying to answer the thread question, please take a look at the following “code of conduct” for a government:
Good afternoon!
Conceptually, there’s nothing wrong with how you laid out the thesis.
The problems are caused by the realities of the world we inhabit. I’ll try to point out a few, and from there, proceed to some of the difficulties that then arise.
Protect the rights of everybody and respect the rule of law with basic human rights forming the foundation of the law.
Let’s start here. This seems to set out a fairly generic Lockean understanding of the reason government exists. Naturally, it is open to serious question.
Government exists not to protect rights, but rather to ensure the prosperity and power of people who make up government. The first government probably wasn’t any tribal assembly, but rather a master and a slave.
The difficulty arises because there are many actors withing government who pursue purely selfish, or tyrannical ends. So, from the start, we must confront a major disconnect between what we would like government to strive for, and what it actually does.
This includes property rights and therefore any interference into property rights is like the interference into any other human right (e.g. life,liberty)
In reality, there are many, many people (at least 5 to 10% in the US, much larger worldwide) who have no property. Telling them the law protects their property rights is as persuasive as telling the residents of a graveyard they have the right to life and liberty.
The key here is persuasion - you may be correct that property rights are like other civil liberties, but if a large segment of society does not accept the reasoning, their allegiance will not be forthcoming. Then, to compel it, the government must resort to the limitation of other civil liberties. This has been the basic relationship between governments and the poor since Old Testament days.
But let’s look a little deeper - is it, in fact true that property is “like” other civil rights?
Arguable, the right to property is different, because unlike other civil rights, property is what leads to the distinctions among people.
For example, if we are free not to testify against ourselves (5th Amendment), it is silly to say that Jones is more free not to testify himself than Doe. It is a kind of civil liberty that either Jones and Doe share equally, or not at all.
When it comes to property, however, if Jones has a million dollars, and Doe has ten, then the whole world knows that Jones is rich and Doe is poor. This reality affects almost everything that Jones and Doe will do during their mortal lives.
Also, there is a distinction between property rights and other civil liberties in that the definition of property is often linked to government action in a way that other civil liberties are not.
If Jones and Doe have the right to free exercise of religion (1st Amendment), they both agree that the government does not define what their religion is. The right, shall we say, pre-exists government.
However, if Jones has a corporation worth a million dollars, and Doe has land worth a million dollars, Jones is much more free to accumulate wealth through that property because the corportation enjoys perpetual legal existence while Doe’s land will be taxed every time a member of Doe’s family dies. But - Jones corporation only enjoys perpetual existence because the government conferred it. In other words, Jones gets to enjoy a benefit because the government tilted the playing field in his favor.
A good example of this distinction occurred recently in the Vatican’s paper on economic justice. The authors were taken to task for it, and one suspects that a major gripe some had with it was the paper’s endorsement of “Robin Hood” taxes, which exact a duty on each financial transaction - think stock trade. Obviously, such tax (even if only a penny a trade) would generate huge resources for government. Modern stock trades are a function of an incredibly complex set of industry practices and government regulations and rules. Is it licit to tax the trade? Is it any less licit to tax the cobbler who sells a pair of shoes? Logically, the cobbler relies far less on the government for the trade of shoemaking than the stock broker does, yet one is directly taxed on his transactions and the other is not.
One struggles to discern the equity there.
The problem is, if a government would act accordingly, its country would be what a lot of people would name wild-west capitalism because people would mostly be free to use their property as they want to. And such a country would probably be far more capitalistic than nearly any country today and the ones today are deemed to be far too capitalistic by many.
There are a couple of competing ideas in these sentences, and my humble suggestion is to pick a line and ride it.
There are two ways government could do this. It could “freeze” in the present, which would basically enshrine the present strengths and weaknesses of the system.
Or, it could return to some earlier point - but whch earlier point?
If it choose the latter, should it try to level the playing field on the way, or just let the economy find a new equilibrium?
Flesh these questions out, and the pro-capitalism argument, to me, starts looking a lot clearer and stronger.
Greed is of course a problem, but greed is a problem for any system just like other vices.
Each system carries with it a set of virtues and corresponding vices. Capitalism enables freedom, but fosters greed. Communism, by contrast, enabled a lot of social equality,
but fostered repression.