Indigenous people around the world have lived for centuries with widely different concepts of property ownership. In many cultures, once you reach a working age you build your house where land is available and do your bit (say farming, or crafts) towards a functioning society. There is no land ownership record, but rather it's based on trust. Once these lands become part of countries without adequete protection for indegenous cultures, they become susceptible to exploitation. Interpreting their culture through our legal system is one way to do this.
The indigenous people of Hawaii (and elsewhere in the world) are the true owners of that land. Even if you get legal rights from each one of the current owners, it still deprives the unborn children of their rights.
It's unfair at best. At best.
It seems that – some problems within the tribal administrations non-withstanding – the external legal relationships are solved pretty well within that framework.
And then, don't fill a lawsuit to put people out of their homes in order to void these duties.
Would you mind expanding on this a bit, I'm having trouble understanding what you mean? Does this only hold true for land or other types of private property as well?
With regards to land ownership, was it really solely based on trust, or servitude and force? I'm no expert on traditional Hawaiian land ownership but didn't all the land essentially belong to the King/Chiefs who then allowed others to use the land in exchange for payment or loyalty?
Also, how would you propose land ownership disputes be settled among indigenous communities who went to war with other indigenous communities? Didn't the unification of Hawaii by Kamehameha I involve forced annexation of other islands? Who does the conquered land rightfully belong to, the ancestors of the winning Hawaiian tribes or the non existent ancestors of those Hawaiians who were killed fighting unification?
Not op, but I believe the idea here is that use of the land has a cultural dimension, and not just the usual economic dimension. The concept seems quite foreign to me (and probably most) but that may be because nature has a much lower significance in christian mythology compared to others. Maybe as an analog: if Trump were to suggest selling the declaration of independence to the highest bidder (or everything in the Smithsonian, or Yellowstone etc.), could you imagine people invoking their not-yet-born grandchildren, and their right to see these things?
Regarding your other points, I know there were many communities with a structure much closer to egalitarianism than we can imagine among the pacific islands, and even where "chiefs" existed, their position was probably something completely different than what we're bound to imagine upon hearing the term. But I have no specific knowledge of Hawaii.
Hmmmmm
Let's say 20 people own parts of the house in front of yours. It's confusing, so you whine a lot, and suddenly a public auction is triggered?
At the very least, he must understand that he is _not_ the owner, so everything else is kinda moot right?
EDIT: seems like he bought out certain percentages of ownership on these parcels, and there's a law that can help to force a sale when the ownership gets too confusing.
Seems like the sort of law for billionaires wanting to have their own private beach.
Having this law makes sense, because as ownership gets more diluted you would never be able to get everyone to agree on anything.
There is something I find very odd and unsettling about Zuckerberg. One day I think we will yet rue making him such a success.
With that in mind, I feel that the issue of privacy with respect to one's home/private property is very different. With this, Zuckerberg is likely thinking about the physical safety of himself and his family.
I'd be curious to hear more about what you find unsettling about him.
why is everyone in denial about it
It's one a set of rights generally considered essential, i. e. "human rights". But among those it doesn't seem to be considered very special. The UN charter of human rights (written in no small part by the US) finds 16 other rights to list before it gets around to property: http://www.un.org/en/universal-declaration-human-rights.
But anyway, I fail to see how even utmost reverence for the centrality of property would change anything about this:
> one small parcel has over 300 informal owners who are descended from a Portuguese immigrant
People inherit stuff. They leave it to multiple children. Therefore it gets split up. To force any of them to sell against their will is obviously infringing property rights – not that it's not possibly justified, but it seems pretty clearly on the side of a less strict application of "property rights".
And "when everyone owns something, no one owns it" is just wrong-ish, at least in the intended sense of neglect and uselessness. The Statue of Liberty is owned by everyone and no one, as are the airwaves, most of the Rocky Mountains and the works of Shakespeare. All of them seem to be doing fine.
I'd imagine it might be different though because companies are regulated and there are things like the FTC, and a company is an organization, so certain concepts like "liability" and "rights" to utilize the property are better defined than for a random parcel of land, but still, it's not like "ownership by many" is that foreign.
are you sure that indigenous people want your version of civil society?
>when everyone owns something, no one owns it.
yes. And isn't it how many tribes own their land?
For the exact opposite view of property, that it is in fact the sign of barabrism and the law of the jungle, read Proudhon's "What is Property?".
Zuck's using lawyers to force a sale is a huge problem. What specifically entitles him to have a special case for purchasing without going thru all the motions?
In absence of saying "that fraction is approaching zero", you could assume the intent of the original buyer that they wanted anyone from their family living there.
At least this way, all the owners are finally identified (at considerable cost to the plaintiff, I might add), and they are properly monetarily compensated for the land.
If the current owners really did want to live on the land, they are more than free to band together and bid on the parcel themselves in the auction -- especially the ones who didn't know about the land before.
the rich have really been sucking it up lately.
https://www.google.com/amp/s/amp.theguardian.com/business/20...
You don't raise civilization by chopping off the top.
Property rights are the foundation of civil society. Due to variety of factors, Hawaii has destroyed property rights on some parcels due to degenerate laws and legal customs.
Just consider one point raised by the article: one small parcel has over 300 informal owners who are descended from a Portuguese immigrant who bought the land over 110 years ago and that "individual ownership fractions range from about 1/7 (about 14 percent) to 17/333,396 (less than a one-hundredth of 1 percent)."; when everyone owns something, no one owns it. This is an enormously complicated legal problem and there are no simple answers for how to resolve it.