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It is fair to say that ownership is a prerequisite for human society. The ability to own things and have ownership respected by the other members of society is what allows for settled society to form. The evidence we have says that hunter-gatherers understood the concept of property and property rights. People in these groups owned thing and that ownership was respected. Early settled societies formed around the claim of ownership of necessary resources like hunting land.

In theory collective ownership is possible, but the one big experiment with it in the last century was a disaster. The theory was that once private property was eliminated, inequality and conflict would be eliminated. Yet within communist societies, there were laws against theft, thus tacitly acknowledging ownership. It also underscored the fact that conflict was not purely economic. Most crime is caused by an immutable fact of the human condition. Some people are born bad.

Not only does it turn out that private property and property rights are prerequisites for human society, but they are also a good measure of societal development. By the time the Europeans were ready to conquer the globe, they had worked through the problems of property ownership and how to settle disputes. Europeans landed in Africa and the Americas, only to greet people who had yet to master this basic concept. Even in Asia, property ownership was still in development.

In this age, property rights are a good way to see how things are slipping within Western societies. This story about a woman finding an ancient artifact at a junk store is a good example. She spotted what she thought was a strange lawn ornament that turned out to be a Roman bust from the first century AD. Its last know whereabouts were in Bavaria, but she found it in a Texas thrift shop. No one knows how it got to Texas, but it was most likely a war prize.

The interesting thing about the story is the women is being forced to give the bust back to the last known owner. Since that owner does not exist, it will be turned over to the Bavarian government. The argument is that the last acknowledged owner did not sell or transfer the bust. Without proof of that or something to suggest there was a rightful owner after the Bavarian king, the king still has rights to it. Since the king is no more, his rights revert to the Bavarian state.

On the one hand, it seems like a good result. Respecting property rights, even across countries and generations is a good practice. Jews have been hunting lost property, or claims to lost property, since the end of the war. Their argument rests on the fact that their items that were lost in the war are still their items, as they did not voluntarily transfer those items to the Nazis. The current owner may have honestly acquired them, but the seller was not legally allowed to sell them.

On the surface, this looks a good example of how modern Western societies enforce ownership rights. There is a global database of art. Unless you can go into that database and show you are the rightful owner, you cannot sell the item. That is why this Texas woman is being forced to give up her Roman bust. She probably could keep it in her garden, but she could never sell it to a collector. In other words, the lack of provenance has rendered it worthless to her.

This heartwarming story of rich people getting their toys back, however, is an exception, rather than the rule. This example of enforcement of property rights is the exception in the modern West. For most people, the phrase “you will own nothing and like it” is becoming the new normal. Even real property rights are conditional in America, as we saw with Kelo v. City of New London, Connecticut. That case basically turned property ownership into a privilege granted by the state.

At a more basic level, ownership is a thing of the past in America. Tech companies are allowed to harvest your personal information without your permission and sell it, often using it against the people from whom they stole it. Privacy, which can only exist in the context of property rights, has been lost. The mass media routinely violates the privacy of people it has deemed enemies of the state. Ownership and everything that springs from it is slowly being eroded in the current age.

Here is a simple example of how the erosion of property rights has eroded the basic order of society. We get daily reports of computer breeches in which the personal data of consumers is stolen by thieves. The companies trusted with this information are never punished for their negligence. The thieves are never caught. In fact, no one bothers to look for them. Often the stolen property ends up in the hands of the media or random weirdos on the internet.

The result is you lose the right to privacy and the ownership rights to your data, with little recourse in the law. If something private about you, your views on some political issue, get stolen from a tech platform and posted in the media, you have no way to reassert your ownership rights. You cannot sue the news site that posted the stolen information and you cannot sue the site from which it was stolen. You, the victim, have no protection while the beneficiaries of theft are protected.

A good example of this is Trump’s tax returns. During his time in office, the New York Times came into possession of his tax returns. These were stolen from the IRS by an employee, most likely. This person had no right to those documents and they had no right transfer them to the Times. The Times knew this and knew they were in receipt of stolen goods, but they published them anyway. The standard in America is finder’s keepers and society is the weeper.

If the Supreme Court really wanted to do some social justice, they would forget about Roe and find a case to overturn Kelo in the context of the reestablishment of basic property rights. Imagine if we go back to the ancient custom that says you own you and you own what you make by default. Most the abuses of the tech monopolies go away as their ability to steal your property goes away. The media’s ability to use stolen property would evaporate along with much of their power.

A simple example on that latter point is the Roe leak. The person who received the stolen item knew it was stolen. The person who gave it to him, unless it was Sam Alito, had no right to transfer it to the reporter. Imagine a regime that says the reporter gets charged with receiving stolen goods and the leaker gets charged with theft. All of a sudden, the journalistic practice of selective leaking goes away and they have to go back to old fashioned investigating and reporting.

Beyond that, this case of the Roman bust underscores the root cause of societal collapse in the West. The elites care more about the chain of custody for works of art than they care about fixing roads or making sure the people can feel secure in the person and in their papers. For the same reason they care more about Ukrainian borders than the Mexican border, they care more about tracking art items than defending the basic concepts than make society possible.

It is easier for the elites to “care” about the chain of custody for a Roman bust than it is to care about busted roads or decaying schools. It is easier to slap on a Ukrainian lapel pin than it is to do something about fentanyl. The public gesture is also more fun and rewarding than the grunt work required of elites to keep society going. Ours is a Nero elite, people who spend their days dreaming of new ways to flatter themselves while the basics of society crumble. They need to come to the same end.

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