[diggers350] Property & Freedom

Massimo A. Allamandola suburbanstudio at runbox.com
Tue Jan 26 00:18:50 GMT 2010


What Is Property? begins with a paragraph of Proudhonian challenge that 
has ensnared many an impatient reader into a wrong judgement of the 
book's intent: [105]

If I were asked to answer the question: 'What is slavery?' and I should 
answer in one word, 'Murder!', my meaning would be understood at once.
No further argument would be needed to show that the power to take from 
a man his thought, his will, his personality, is a power of life and death,
and that to enslave a man is to kill him. Why, then, to this other 
question: 'What is property?' may I not likewise answer, 'Theft?'
George Woodcock, Anarchism: A History of Libertarian Ideas and 
Movements, 1962, Postscript 1975.

Property is Theft  (and freedom ?)

Colin Ward in his book  Talking Houses book  (FREEDOM PRESS)
in a piece titled "Direct Action for working-class housing" explains, in 
the words of George Woodcock, that Proudhon's
expression "Property is Theft " was used by the temporary occupants of 
144 Piccadilly in London, in September 1969 ,
was intended for emphasis, and  << by "property" he wished to be 
understood what he later called "the sum of its abuses".
He was denouncing the property of the man who uses it to exploit the 
labour of others without any effort of his own.
For 'possession', the right of a man to effective control over his 
dwelling and the land and tools he needed to work and live,
Proudhon had only approval; in fact, he regarded it as a necessary 
keystone of liberty, and his main criticism of the communists
was that they wished to destroy it. >>

Then Ward goes on taliking about people who self built their houses 
around Kent  << They finished the building in September 1928 and lived there
on the small holding they developed over the years, until 1955 (...) >>  
and he is asking ...  Was this a triumph of escapist individualism ?
The answer - he finds it - in the Lewisham council self-built 
experimental housing where << Lewisham's libertarian vision of a 
socialism which is
neither of the managerial right nor of the authoritarian left, but which 
uses state intervention to release the creative energies of ordinary people"
This was " a bunch of ordinary soth Londoners who were alike only in 
their passionate desire to escape from their present housing conditions ...
into something that would make their lives more generous and free... " ...

But in 1984, many Labour councillors still share the view of the leader 
of another London council when he concluded his visit to Lewisham :
<<We are not going to turn our tenants into little capitalists"


Andro Linklater idea of the"social power of property" must be confronted 
today with the  "the financial power of property " :  "the sum of its 
abuses" as Proudhon once said.


M.



David Bangs wrote:
 > 
 >
 > Andro Linklater's long piece is full of juicy nuggets like a fruit 
cake. It deserves a much fuller response than my couple of comments, but 
I'll make them quickly anyway.
 > 
 > In truth the implantation of the ideology of private property is very 
deep. Roughly 90% of all British law is property law, I believe - 
sharply highlighting the marxist/bolshevik insight that the state is not 
neutral, but is, to the contrary, a tool of the ruling/owning class. It 
was created to defend, and is itself 'owned' by, the owning class. Their 
hegemony does indeed seem immutable and eternal...If someone is sitting 
on your head the only sky you see is the seat of their pants...but every 
day and everywhere acts of resistance show that not to be the case.
 > 
 > Andro's view that Lenin's policy towards the peasants can be 
conflated with that of Stalin made me wince...Stalin the author of the 
genocidal atrocities of forced collectivisation, whose mad purges and 
economic chaos left the Soviet Union deeply vulnerable just as Nazi 
power was growing to its west. Lenin, to the contrary, unleashed peasant 
entrepreneurialism after the winding up of the rigours of  'war 
communism' of the period of the wars of imperialist intervention and the 
civil war. Still, though, Lenin, Trotsky and others of the Bolshevik 
leadership saw the full dangers of the resurgence of the richer peasants 
(the kulaks), but their policy was not to wipe them out but to encourage 
an ongoing class war of attrition against them and on behalf of the poor 
and middle peasants. This rational and sensible policy, if it had won, 
would have saved the Soviet Union from 60 years of a crushed and broken 
countryside...and from many genocidal criminalities.
 > 
 > Lastly, Andro's interesting observations about chimneys, equity and 
enclosure ring only half true...My countryside of the Sussex Weald 
hadn't been and was not - at the time of the replacement of the central 
hearth and hall and the growth of separate kitchens, side hearths and 
bedrooms - a countryside of the collective agriculture of the open field 
and the common, but one of the small individual and separate peasant 
holding, often held on much more individualistic tenures than the old 
manorial and open field holdings. The growth of the 'modern' private 
family house doesn't chime quite so neatly with the end of commoned 
agriculture and the triumph of private property.
 > 
 > good stuff
 > 
 > Dave Bangs 
 > 
 > 
 >
 >     ----- Original Message -----
 >     From: Mark Barrett
 >     To: project2012 at googlegroups.com ; diggers350 at yahoogroups.com
 >     Sent: Wednesday, January 20, 2010 2:26 PM
 >     Subject: [diggers350] Property & Freedom
 >
 >     
 >
 >     http://www.prospectmagazine.co.uk/2009/12/a-place-of-ones-own/ 
(worth clicking here to see picture)
 >     A place of one’s own
 >     The idea of “equity” in property emerged in 16th-century England 
and spread like a virus. It lies behind democracy and the credit crunch 
and will determine China’s future
 >     
 >     Andro Linklater
 >     16th December 2009
 >     
 >     I live in an ancient farmhouse in Kent that boasts a cat slide 
roof, a chimney stack leaning like the tower of Pisa, and a living room 
whose ceiling is supported by an immense wooden beam low enough to stun 
anyone taller than a jockey. In other words, it looks like a 
quintessential English country cottage.
 >     
 >     But quaint though the roof, chimney and beam now seem, these 
three elements are evidence of a revolution in human affairs. Looking at 
them, I can recreate the events of almost 500 years ago, like a 
detective surveying a murder scene.
 >     
 >     For sometime in the early 16th century, my predecessor in the 
house was infected by a radical new idea, one that changed him so 
profoundly that he altered the shape of the building to reflect the new 
way he thought about himself and his neighbours. And like a mental 
epidemic, this idea then spread from southeast England and gradually 
extended across the country. Two generations later colonists carried it 
to North America. From there the contagion spread to the Pacific, and 
around the globe from Nova Scotia to New Zealand. It is now so deeply 
embedded in our psyches that it is hard to recognise the pervasiveness 
of its influence.
 >     
 >     The new idea was easily described—that land itself could be an 
individually owned, tradeable commodity—but its origins were old and 
complex. Land ownership rights began to be recognised under the common 
law as early as the 12th century; a market for land existed in the 14th 
century, and in some exchanges cash payments were involved; and the 
practice of fencing off individual parcels of ground, the enclosure 
movement, began in the 1480s. During the course of the 16th century, 
however, one crucial element was created that linked all these elements 
together in a single financial nexus. An almost imperceptible change in 
mortgage law introduced the principle of fairness, or equity, to deals 
that involved lending money against the collateral value of a chunk of 
earth. Today, anyone who has a mortgage is aware of the concept, if only 
through the small-print warning on the agreement that begins: “Your 
property may be at risk…” But that phrase encapsulates a near 
500-year-old principle of momentous significance. It not only underpins 
the modern mortgage market, it shapes societies around the world—from 
the abandoned sub-prime mansions of Arizona at the heart of our current 
economic crisis, to the aspirant property owners of Shanghai who may yet 
bring us out of it.
 >     
 >     ***
 >     
 >     The most obvious indication that change was underway came in an 
unexpected form: the construction of chimneys. In 1577 the commentator 
William Harrison picked out one thing that the old men in his Essex 
village thought to be “marvellously altered in England within their 
sound remembrance… the multitude of chimneys lately erected, whereas in 
their young days there were not above two or three if so many, but each 
made his fire against a reredos [the back wall of an open hearth] in the 
hall, where he dined and dressed his meat.”
 >     
 >     The chimneys signalled the arrival of fireplaces, which in turn 
showed that small farmers were dividing up homes that once consisted of 
a single-roomed hall used by family, friends and labourers for meeting, 
eating, cooking and sleeping. Thus my predecessor constructed an 
inglenook fireplace for cooking on one side of the hall, and an area for 
eating on the other. Outside, he extended the roof almost to the ground 
to keep the heat from the fireplace in. Then he ran a 30ft oak beam 
along the length of the hall to support the floor of the new-fangled 
bedchamber above.
 >     By the time he finished, the common space was enclosed, private 
and specialised.
 >     
 >     This transformation reflected what the 16th-century farmer had 
done to his land. To profit from rising wool prices he enclosed parts of 
the grassy hillside. He planted hedges to demarcate his portion, dug 
ditches to drain the soil, manured it to improve the grass for grazing 
sheep. Enclosure was an innovation, but even the most conservative 
farmer could see the advantage. “The poor man who is monarch of but one 
enclosed acre,” the 17th-century observer Thomas Fuller wrote, “will 
receive more profit from it than from his share of many acres in common 
with others.”
 >     
 >     What made my predecessor’s activities truly revolutionary was the 
legal innovation that allowed him for the first time to claim “equity” 
in his newly profitable land. Under the medieval notion of a mortgage, 
or “dead pledge,” a landholder borrowing money effectively promised to 
let his title to the land die, should he not redeem the loan in full at 
an exact place and time specified by the lender. This practice was so 
unfairly tipped in the lender’s favour that, as a matter of equity, 
chancery law in the 15th-century developed the novel concept that the 
borrower possessed a residual
 >     ownership to the land that even a mortgage could not extinguish. 
In effect, the courts allowed a landowner to redeem the loan at any date 
(even years after the period specified) and to regain his property. To 
be sure of recovering his debt promptly, therefore, a lender now had to 
issue a writ of foreclosure forcing sale of the land. Once the debt was 
redeemed, however, the borrower kept any money left over. This was his 
“equity.” As the principle of “the equity of redemption” became accepted 
in 16th-century England, ownership acquired a monetary value separate 
from the land itself. Equity morphed into capital, and the modern world 
began.
 >     
 >     ***
 >     
 >     By the late 17th century John Locke had decided that property was 
the contractual basis of a democratic society, but the idea of land as 
commodity that underpinned his argument didn’t take hold in western 
Europe until a century later. As late as 1800, two thirds of the world’s 
agricultural land was held communally. Across the North American 
prairies, South American pampas, Asian steppes, Australian outback and 
African savannah, shared possession dominated. The remaining third of 
the arable earth—eastern Europe, Russia and China—was worked by 
peasants, slaves and serfs. Yet by the end of the 20th century, the 
practice of treating land as private property was fundamental to a 
modern, democratic community. Some regions resisted the idea, but none 
remained untouched by it. Wherever private property was introduced it 
drove out aboriginal ownership, and the communal values went with it.
 >     
 >     As early as 1789, Henry Knox, secretary of war in the newly 
independent US, expressed his regret “that all the Indian tribes once 
existing in those States, now the best cultivated and most populous, 
have become extinct.” That tragedy would be repeated 
elsewhere—sometimes, as in Canada and New Zealand, in less extreme 
fashion; occasionally, as in Patagonia, more savagely. But its cause was 
always the same. Knox insisted that Native Americans had to develop “a 
love for exclusive property”; a century later, Massachusetts senator 
Henry Dawes said that the Cherokees had
 >     to learn “selfishness, which is at the bottom of civilisation.” 
Both were expressing an individualist outlook inseparable from the 
concept of private property. But the idea that the earth could be owned 
was incompatible with the aboriginal belief that people belonged to the 
place they lived in, that they were, as the Maori put it, tangata whenua 
(people of the land). In these cultures, animals and crops could be 
owned, occupancy might be bought and sold, but the Earth, the source of 
life itself, belonged to no one.
 >     
 >     Behind this conflict lay a larger phenomenon: the influence that 
possession of the land has upon the way that people think. Thomas 
Jefferson recognised this, declaring in his 1782 Notes on the State of 
Virginia that republican government depended upon as many people as 
possible owning land, because “cultivators of the earth are the most 
virtuous and independent citizens.” In keeping with that goal, the 
United States Public Lands Survey divided up the wilderness from the 
Appalachians to the Pacific Ocean into 40-acre plots for sale at $2 an 
acre. Successive administrations encouraged the westward movement of 
pioneers, a policy culminating in Abraham Lincoln’s Homestead Act of 
1862, which enabled a settler to claim 160 acres of wilderness as 
property by building a cabin and ploughing a few acres. By the end of 
the 20th century, about 70 per cent of US families owned their homes.
 >     
 >     Communist leaders were aware of the influence that landownership 
could exercise on social values, too. Lenin knew that poorer Russian 
peasants wanted to emulate the richer by employing labour to help them 
work the land. So not only was private ownership abolished after the 
1917 revolution, but Lenin also attacked any farmers who behaved as if 
it still existed. “Ruthless war must be waged on the kulaks! Death to 
them!” he ranted in 1918. To create the conditions for a socialist 
consciousness, he and Stalin killed or starved to death some 20m 
peasants in the 1920s and 1930s. Aiming at the same goal in China 30 
years later, Mao accounted for 30m more.
 >     
 >     In the last half of the 20th century, the cold war brought 
private and communist property into competition. Though it was partially 
hidden by rhetoric and nuclear brinkmanship, the cold war was really a 
battle to create either socialist or capitalist societies in Africa, 
Asia and Latin America by redistribution of land. The most notable 
communist success came in Cuba, where Castro nationalised all private 
property. But capitalists could point to Japan and Taiwan, where 
American agricultural economist Wolf Ladejinsky expropriated farmland 
from feudal landlords and transferred it as property to peasants. That 
radical creation of a landowning class is often cited as the foundation 
of the subsequent industrial boom in the far east. Not only did the 
programme spread wealth and self-reliance among the new owners, but 
their children became the entrepreneurs of the Asian tiger economies.
 >     
 >     In 1979, Iran became the first important country to withdraw from 
the east-west property struggle. After the Islamic revolution the new 
government nationalised its dry, semi-
 >     desert land but, unlike the Soviet Union and China, allowed those 
who worked the soil to own the produce. This was the classic pattern of 
peasant farming: to have property in what was produced, even to own 
occupancy of the soil, but not to own the land itself. Throughout 
history it is a pattern of landholding associated with conservative values.
 >     
 >     Nonetheless, throughout most of the latter half of the 20th 
century Marxists and capitalists remained convinced that the right 
pattern of ownership could provide the basis for their ideal societies. 
It was a line of reasoning that led Michael Heseltine to describe the 
Conservatives’ “right to buy” policy in 1980—which transferred an 
estimated 2m homes from public to private ownership-—as “one of the most 
important social revolutions of the century.” And by the end of the 20th 
century, the collapse of communism in the Soviet Union seemed to prove 
the superiority of individual ownership. The World Trade Organisation 
carried the sanctity of the right of private ownership—even in areas 
such as knowledge, music and images—into the deepest forests and 
remotest deserts where custom still obliged people to share useful 
information. The very universality of private property made it difficult 
to imagine a superior alternative—until economies exploded under the 
impulse of irrational exuberance.
 >     
 >     ***
 >     
 >     On 1st October 2008, a sheriff arrived at the door of 90-year-old 
widow Addie Polk of Akron, Ohio. He was there to serve a foreclosure 
writ on her home. Addie and her late husband, a worker in a tyre 
factory, had bought their white clapboard house in the 1970s. But a 
succession of brokers later persuaded her that she could pay for 
healthcare by taking out mortgages on the property. The last of these 
loans, for $45,620, was repayable in 2034, when she would be 116 years 
old. But Addie Polk had found herself unable to keep up the payments 
and, despairing at the arrival of the sheriff, tried to kill herself 
with a handgun. (She survived, only to die later of unrelated causes.)
 >     
 >     She was not alone in her desperation. Hundreds of thousands of US 
homeowners (and millions across the world) faced the same threat of 
losing the roof over their heads. But Polk fell victim not just to 
mortgage sharks, but to her government’s policies. By lifting financial 
regulations on home loans, the administrations of Bill Clinton and 
George W Bush wanted to make homeownership available to people on low 
incomes. The seemingly endless rise in the value of their homes was 
meant to eventually pay off their mortgages.
 >     
 >     But few people appreciated that the global boom was built upon a 
fundamental disparity: between the way land was owned in the west on the 
one hand, and in China on the other. Rising property values in the 
capitalist societies powered expansion in their consumer economies. US 
GDP alone ballooned from $960bn in 1970 to $8.7 trillion in 2005, a 
staggering $6 trillion added in the last decade alone. Yet in China, the 
lack of individual property rights drove as many as 100m peasants to 
work in urban factories, producing consumer goods for western markets. 
Since their savings could not be invested in property at home, they had 
to be placed abroad.
 >     
 >     Out of this disparity grew the edifice of global finance—around 
$2 trillion in Chinese savings invested in US treasury bonds, which in 
turn kept interest rates low, mortgage lending high, and economies 
growing. In 2007, the growth in derivative securities (both in foreign 
exchange and mortgages) topped out above $600 trillion. The very size of 
this financial colossus almost obscured the fact that it depended on 
property. Only when the subprime mortgage market began to disintegrate 
in summer 2007 did the basis of the boom become apparent. In 1929, the 
collapse of Wall Street triggered the crash. In 2008, it was the 
collapse of property markets, and it is there that the most serious 
consequences are felt.
 >     
 >     In 2004, just about when Addie Polk’s last mortgage was being 
issued, Yang Wu, an excitable, stubborn restaurant owner living in 
central China’s megacity, Chonqing, began to build a redbrick house in 
the Hexing Road. It replaced the family’s dilapidated wooden home, and 
according to its owner was as smart as any in Shanghai or Beijing. Three 
years later, a semi-official development company, Chongqing Shengbo Real 
Estate, with plans for a shopping mall, slapped a compulsory purchase 
order on Yang Wu’s house and demanded he move out. His neighbours 
accepted compensation and left, but in March 2007 Yang Wu refused to go, 
even when diggers gouged out a 30ft-deep trench around his house.
 >     
 >     ***
 >     
 >     The image of Yang Wu’s home precariously perched on a pillar of 
earth (see p59) attracted media coverage across the world and widespread 
sympathy. But his demonstration had a broader resonance. Although 
China’s land is nationalised, as a city dweller he owned a 40-year 
leasehold on his home, the norm in urban China. Indeed, the real purpose 
of his protest was probably to secure greater compensation, but the 
timing offered an unexpected glimpse into what may be China’s future.
 >     
 >     Just weeks earlier, the National People’s Congress had voted to 
extend similar property rights to the country’s 750m peasants. The new 
proposals were prompted by the need to keep China’s huge population 
employed, and the economy growing at above 9 per cent a year. Even 
before the crash it was obvious that foreign demand for Chinese goods 
was not sufficient to keep the factories working. Giving the rural 
population property rights would create capital value in the land they 
farmed, and in turn stimulate the country’s own consumer economy. “China 
must increase domestic demand and not just depend on foreign trade,” Wen 
Tiejun of the People’s University in Beijing argued at the time. “If you 
can invest in rural areas and increase the cash income of people, you 
can increase domestic demand.” As Zhu Keliang of the Rural Development 
Institute in Seattle pointed out in April 2009: “Imagine what an 
increase in income for 750m people, when given secure land rights, would 
mean for the global economy.”
 >     
 >     Yet despite the endorsement of President Hu Jintao, the property 
rights policy has triggered deep ideological opposition within the 
Communist party. A China of 750m stroppy Yang Wus would overturn the 
basis on which Mao Zedong built the 1949 revolution. And so, for the 
time being, the plan remains sidelined. Instead, China has relied on an 
aggressive course of capital investment and the extension of personal 
credit to reflate its economy. But with demand in the west stagnant for 
the foreseeable future, the case for reform will remain. In practice, it 
may already have succeeded.
 >     
 >     The example of Israel suggests that China is on a course from 
which there is no retreat. Israel nationalised nearly all its territory 
at its foundation in 1948, following the socialist instincts of David 
Ben-Gurion, its first prime minister, and an injunction in Leviticus 
(“The land shall not be sold for ever: for the land is mine; for you are 
strangers and sojourners with me”). Since then, the land has been owned 
on 49-year leases, and theoretically reverts to the state at their 
expiry. Once the first leases began to run out in the late 1990s, 
however, the practice proved very different. So entrenched had the sense 
of individual ownership become during the interval that the state has 
had no option but to renew leases for another 49 years. As Joshua 
Weisman, professor of property law at Jerusalem’s Hebrew University, 
points out, leasehold over 98 years becomes almost indistinguishable 
from outright ownership.
 >     
 >     Given human nature, a similar pattern may be expected among 
China’s urban dwellers in the next decade, when leases issued since Deng 
Xiaoping’s reforms in the 1970s come up for renewal. Once that pattern 
of leasehold merging into freehold spreads to the countryside, it will 
in the long term not only create an unprecedented amount of capital, but 
a new social consciousness and the need for political structures 
sympathetic to property-owning interests.
 >     
 >     Similar pressures will operate in the west. It is probably too 
late to reverse the decision to put the needs of the financial sector 
before those of a property-owning society, but it represents an error of 
historic proportions. Indeed, meeting the bill for the staggering 
infusion of credit to our financial institutions will see much of the 
wiser social engineering of the past 30 years reversed in the next 
decade. In England, the number of people who own their own homes has 
fallen, according to statistics published in September by the department 
of communities and local government. This put homeownership at 68.3 per 
cent in 2008, down from 70.9 per cent in 2003. On present trends, 
homeownership rates in Britain could drop significantly within ten years.
 >     
 >     Yet if we learn anything from our history, it is that our social 
order follows the way we govern our property. Whatever the demands of 
the City, a future David Cameron government would be wise to find ways 
to support property owners against their mortgage-lenders, and favour 
both ahead of the financiers who lent to them in the first place. Just 
as the government of China is waking up to the social power of property, 
it would be tragic if the British government forgot how the long-term 
social gains of protecting ownership far outweigh the short-term 
financial cost. For good and ill, Britain’s society and its economy have 
formed themselves around the concept of private, exclusive property. The 
new slogan must be this: “It’s the property, stupid.” The rest will follow.
 >
 >
 >     
 >
 > 




David Bangs wrote:
>  
>
> Andro Linklater's long piece is full of juicy nuggets like a fruit 
> cake. It deserves a much fuller response than my couple of comments, 
> but I'll make them quickly anyway.
>  
> In truth the implantation of the ideology of private property is very 
> deep. Roughly 90% of all British law is property law, I believe 
> - sharply highlighting the marxist/bolshevik insight that the state is 
> not neutral, but is, to the contrary, a tool of the ruling/owning 
> class. It was created to defend, and is itself 'owned' by, the owning 
> class. Their hegemony does indeed seem immutable and eternal...If 
> someone is sitting on your head the only sky you see is the seat of 
> their pants...but every day and everywhere acts of resistance show 
> that not to be the case.
>  
> Andro's view that Lenin's policy towards the peasants can be conflated 
> with that of Stalin made me wince...Stalin the author of the genocidal 
> atrocities of forced collectivisation, whose mad purges and economic 
> chaos left the Soviet Union deeply vulnerable just as Nazi power was 
> growing to its west. Lenin, to the contrary, unleashed peasant 
> entrepreneurialism after the winding up of the rigours of  'war 
> communism' of the period of the wars of imperialist intervention and 
> the civil war. Still, though, Lenin, Trotsky and others of the 
> Bolshevik leadership saw the full dangers of the resurgence of the 
> richer peasants (the kulaks), but their policy was not to wipe them 
> out but to encourage an ongoing class war of attrition against them 
> and on behalf of the poor and middle peasants. This rational and 
> sensible policy, if it had won, would have saved the Soviet Union from 
> 60 years of a crushed and broken countryside...and from many genocidal 
> criminalities.
>  
> Lastly, Andro's interesting observations about chimneys, equity and 
> enclosure ring only half true...My countryside of the Sussex Weald 
> hadn't been and was not - at the time of the replacement of the 
> central hearth and hall and the growth of separate kitchens, side 
> hearths and bedrooms - a countryside of the collective agriculture of 
> the open field and the common, but one of the small individual and 
> separate peasant holding, often held on much more individualistic 
> tenures than the old manorial and open field holdings. The growth of 
> the 'modern' private family house doesn't chime quite so neatly with 
> the end of commoned agriculture and the triumph of private property. 
>  
> good stuff
>  
> Dave Bangs  
>  
>  
>
>     ----- Original Message -----
>     *From:* Mark Barrett <mailto:marknbarrett at googlemail.com>
>     *To:* project2012 at googlegroups.com
>     <mailto:project2012 at googlegroups.com> ; diggers350 at yahoogroups.com
>     <mailto:diggers350 at yahoogroups.com>
>     *Sent:* Wednesday, January 20, 2010 2:26 PM
>     *Subject:* [diggers350] Property & Freedom
>
>      
>
>     http://www.prospectmagazine.co.uk/2009/12/a-place-of-ones-own/
>     <http://www.prospectmagazine.co.uk/2009/12/a-place-of-ones-own/>
>     (worth clicking here to see picture)
>     *A place of one’s own*
>     *The idea of “equity” in property emerged in 16th-century England
>     and spread like a virus. It lies behind democracy and the credit
>     crunch and will determine China’s future*
>      
>     Andro Linklater
>     16th December 2009
>      
>     I live in an ancient farmhouse in Kent that boasts a cat slide
>     roof, a chimney stack leaning like the tower of Pisa, and a living
>     room whose ceiling is supported by an immense wooden beam low
>     enough to stun anyone taller than a jockey. In other words, it
>     looks like a quintessential English country cottage.
>      
>     But quaint though the roof, chimney and beam now seem, these three
>     elements are evidence of a revolution in human affairs. Looking at
>     them, I can recreate the events of almost 500 years ago, like a
>     detective surveying a murder scene.
>      
>     For sometime in the early 16th century, my predecessor in the
>     house was infected by a radical new idea, one that changed him so
>     profoundly that he altered the shape of the building to reflect
>     the new way he thought about himself and his neighbours. And like
>     a mental epidemic, this idea then spread from southeast England
>     and gradually extended across the country. Two generations later
>     colonists carried it to North America. From there the contagion
>     spread to the Pacific, and around the globe from Nova Scotia to
>     New Zealand. It is now so deeply embedded in our psyches that it
>     is hard to recognise the pervasiveness of its influence.
>      
>     The new idea was easily described—that land itself could be an
>     individually owned, tradeable commodity—but its origins were old
>     and complex. Land ownership rights began to be recognised under
>     the common law as early as the 12th century; a market for land
>     existed in the 14th century, and in some exchanges cash payments
>     were involved; and the practice of fencing off individual parcels
>     of ground, the enclosure movement, began in the 1480s. During the
>     course of the 16th century, however, one crucial element was
>     created that linked all these elements together in a single
>     financial nexus. An almost imperceptible change in mortgage law
>     introduced the principle of fairness, or equity, to deals that
>     involved lending money against the collateral value of a chunk of
>     earth. Today, anyone who has a mortgage is aware of the concept,
>     if only through the small-print warning on the agreement that
>     begins: “Your property may be at risk…” But that phrase
>     encapsulates a near 500-year-old principle of momentous
>     significance. It not only underpins the modern mortgage market, it
>     shapes societies around the world—from the abandoned sub-prime
>     mansions of Arizona at the heart of our current economic crisis,
>     to the aspirant property owners of Shanghai who may yet bring us
>     out of it.
>      
>     ***
>      
>     The most obvious indication that change was underway came in an
>     unexpected form: the construction of chimneys. In 1577 the
>     commentator William Harrison picked out one thing that the old men
>     in his Essex village thought to be “marvellously altered in
>     England within their sound remembrance… the multitude of chimneys
>     lately erected, whereas in their young days there were not above
>     two or three if so many, but each made his fire against a reredos
>     [the back wall of an open hearth] in the hall, where he dined and
>     dressed his meat.”
>      
>     The chimneys signalled the arrival of fireplaces, which in turn
>     showed that small farmers were dividing up homes that once
>     consisted of a single-roomed hall used by family, friends and
>     labourers for meeting, eating, cooking and sleeping. Thus my
>     predecessor constructed an inglenook fireplace for cooking on one
>     side of the hall, and an area for eating on the other. Outside, he
>     extended the roof almost to the ground to keep the heat from the
>     fireplace in. Then he ran a 30ft oak beam along the length of the
>     hall to support the floor of the new-fangled bedchamber above.
>     By the time he finished, the common space was enclosed, private
>     and specialised.
>      
>     This transformation reflected what the 16th-century farmer had
>     done to his land. To profit from rising wool prices he enclosed
>     parts of the grassy hillside. He planted hedges to demarcate his
>     portion, dug ditches to drain the soil, manured it to improve the
>     grass for grazing sheep. Enclosure was an innovation, but even the
>     most conservative farmer could see the advantage. “The poor man
>     who is monarch of but one enclosed acre,” the 17th-century
>     observer Thomas Fuller wrote, “will receive more profit from it
>     than from his share of many acres in common with others.”
>      
>     What made my predecessor’s activities truly revolutionary was the
>     legal innovation that allowed him for the first time to claim
>     “equity” in his newly profitable land. Under the medieval notion
>     of a mortgage, or “dead pledge,” a landholder borrowing money
>     effectively promised to let his title to the land die, should he
>     not redeem the loan in full at an exact place and time specified
>     by the lender. This practice was so unfairly tipped in the
>     lender’s favour that, as a matter of equity, chancery law in the
>     15th-century developed the novel concept that the borrower
>     possessed a residual
>     ownership to the land that even a mortgage could not extinguish.
>     In effect, the courts allowed a landowner to redeem the loan at
>     any date (even years after the period specified) and to regain his
>     property. To be sure of recovering his debt promptly, therefore, a
>     lender now had to issue a writ of foreclosure forcing sale of the
>     land. Once the debt was redeemed, however, the borrower kept any
>     money left over. This was his “equity.” As the principle of “the
>     equity of redemption” became accepted in 16th-century England,
>     ownership acquired a monetary value separate from the land itself.
>     Equity morphed into capital, and the modern world began.
>      
>     ***
>      
>     By the late 17th century John Locke had decided that property was
>     the contractual basis of a democratic society, but the idea of
>     land as commodity that underpinned his argument didn’t take hold
>     in western Europe until a century later. As late as 1800, two
>     thirds of the world’s agricultural land was held communally.
>     Across the North American prairies, South American pampas, Asian
>     steppes, Australian outback and African savannah, shared
>     possession dominated. The remaining third of the arable
>     earth—eastern Europe, Russia and China—was worked by peasants,
>     slaves and serfs. Yet by the end of the 20th century, the practice
>     of treating land as private property was fundamental to a modern,
>     democratic community. Some regions resisted the idea, but none
>     remained untouched by it. Wherever private property was introduced
>     it drove out aboriginal ownership, and the communal values went
>     with it.
>      
>     As early as 1789, Henry Knox, secretary of war in the newly
>     independent US, expressed his regret “that all the Indian tribes
>     once existing in those States, now the best cultivated and most
>     populous, have become extinct.” That tragedy would be repeated
>     elsewhere—sometimes, as in Canada and New Zealand, in less extreme
>     fashion; occasionally, as in Patagonia, more savagely. But its
>     cause was always the same. Knox insisted that Native Americans had
>     to develop “a love for exclusive property”; a century later,
>     Massachusetts senator Henry Dawes said that the Cherokees had
>     to learn “selfishness, which is at the bottom of civilisation.”
>     Both were expressing an individualist outlook inseparable from the
>     concept of private property. But the idea that the earth could be
>     owned was incompatible with the aboriginal belief that people
>     belonged to the place they lived in, that they were, as the Maori
>     put it, tangata whenua (people of the land). In these cultures,
>     animals and crops could be owned, occupancy might be bought and
>     sold, but the Earth, the source of life itself, belonged to no one.
>      
>     Behind this conflict lay a larger phenomenon: the influence that
>     possession of the land has upon the way that people think. Thomas
>     Jefferson recognised this, declaring in his 1782 Notes on the
>     State of Virginia that republican government depended upon as many
>     people as possible owning land, because “cultivators of the earth
>     are the most virtuous and independent citizens.” In keeping with
>     that goal, the United States Public Lands Survey divided up the
>     wilderness from the Appalachians to the Pacific Ocean into 40-acre
>     plots for sale at $2 an acre. Successive administrations
>     encouraged the westward movement of pioneers, a policy culminating
>     in Abraham Lincoln’s Homestead Act of 1862, which enabled a
>     settler to claim 160 acres of wilderness as property by building a
>     cabin and ploughing a few acres. By the end of the 20th century,
>     about 70 per cent of US families owned their homes.
>      
>     Communist leaders were aware of the influence that landownership
>     could exercise on social values, too. Lenin knew that poorer
>     Russian peasants wanted to emulate the richer by employing labour
>     to help them work the land. So not only was private ownership
>     abolished after the 1917 revolution, but Lenin also attacked any
>     farmers who behaved as if it still existed. “Ruthless war must be
>     waged on the kulaks! Death to them!” he ranted in 1918. To create
>     the conditions for a socialist consciousness, he and Stalin killed
>     or starved to death some 20m peasants in the 1920s and 1930s.
>     Aiming at the same goal in China 30 years later, Mao accounted for
>     30m more.
>      
>     In the last half of the 20th century, the cold war brought private
>     and communist property into competition. Though it was partially
>     hidden by rhetoric and nuclear brinkmanship, the cold war was
>     really a battle to create either socialist or capitalist societies
>     in Africa, Asia and Latin America by redistribution of land. The
>     most notable communist success came in Cuba, where Castro
>     nationalised all private property. But capitalists could point to
>     Japan and Taiwan, where American agricultural economist Wolf
>     Ladejinsky expropriated farmland from feudal landlords and
>     transferred it as property to peasants. That radical creation of a
>     landowning class is often cited as the foundation of the
>     subsequent industrial boom in the far east. Not only did the
>     programme spread wealth and self-reliance among the new owners,
>     but their children became the entrepreneurs of the Asian tiger
>     economies.
>      
>     In 1979, Iran became the first important country to withdraw from
>     the east-west property struggle. After the Islamic revolution the
>     new government nationalised its dry, semi-
>     desert land but, unlike the Soviet Union and China, allowed those
>     who worked the soil to own the produce. This was the classic
>     pattern of peasant farming: to have property in what was produced,
>     even to own occupancy of the soil, but not to own the land itself.
>     Throughout history it is a pattern of landholding associated with
>     conservative values.
>      
>     Nonetheless, throughout most of the latter half of the 20th
>     century Marxists and capitalists remained convinced that the right
>     pattern of ownership could provide the basis for their ideal
>     societies. It was a line of reasoning that led Michael Heseltine
>     to describe the Conservatives’ “right to buy” policy in 1980—which
>     transferred an estimated 2m homes from public to private
>     ownership-—as “one of the most important social revolutions of the
>     century.” And by the end of the 20th century, the collapse of
>     communism in the Soviet Union seemed to prove the superiority of
>     individual ownership. The World Trade Organisation carried the
>     sanctity of the right of private ownership—even in areas such as
>     knowledge, music and images—into the deepest forests and remotest
>     deserts where custom still obliged people to share useful
>     information. The very universality of private property made it
>     difficult to imagine a superior alternative—until economies
>     exploded under the impulse of irrational exuberance.
>      
>     ***
>      
>     On 1st October 2008, a sheriff arrived at the door of 90-year-old
>     widow Addie Polk of Akron, Ohio. He was there to serve a
>     foreclosure writ on her home. Addie and her late husband, a worker
>     in a tyre factory, had bought their white clapboard house in the
>     1970s. But a succession of brokers later persuaded her that she
>     could pay for healthcare by taking out mortgages on the property.
>     The last of these loans, for $45,620, was repayable in 2034, when
>     she would be 116 years old. But Addie Polk had found herself
>     unable to keep up the payments and, despairing at the arrival of
>     the sheriff, tried to kill herself with a handgun. (She survived,
>     only to die later of unrelated causes.)
>      
>     She was not alone in her desperation. Hundreds of thousands of US
>     homeowners (and millions across the world) faced the same threat
>     of losing the roof over their heads. But Polk fell victim not just
>     to mortgage sharks, but to her government’s policies. By lifting
>     financial regulations on home loans, the administrations of Bill
>     Clinton and George W Bush wanted to make homeownership available
>     to people on low incomes. The seemingly endless rise in the value
>     of their homes was meant to eventually pay off their mortgages.
>      
>     But few people appreciated that the global boom was built upon a
>     fundamental disparity: between the way land was owned in the west
>     on the one hand, and in China on the other. Rising property values
>     in the capitalist societies powered expansion in their consumer
>     economies. US GDP alone ballooned from $960bn in 1970 to $8.7
>     trillion in 2005, a staggering $6 trillion added in the last
>     decade alone. Yet in China, the lack of individual property rights
>     drove as many as 100m peasants to work in urban factories,
>     producing consumer goods for western markets. Since their savings
>     could not be invested in property at home, they had to be placed
>     abroad.
>      
>     Out of this disparity grew the edifice of global finance—around $2
>     trillion in Chinese savings invested in US treasury bonds, which
>     in turn kept interest rates low, mortgage lending high, and
>     economies growing. In 2007, the growth in derivative securities
>     (both in foreign exchange and mortgages) topped out above $600
>     trillion. The very size of this financial colossus almost obscured
>     the fact that it depended on property. Only when the subprime
>     mortgage market began to disintegrate in summer 2007 did the basis
>     of the boom become apparent. In 1929, the collapse of Wall Street
>     triggered the crash. In 2008, it was the collapse of property
>     markets, and it is there that the most serious consequences are felt.
>      
>     In 2004, just about when Addie Polk’s last mortgage was being
>     issued, Yang Wu, an excitable, stubborn restaurant owner living in
>     central China’s megacity, Chonqing, began to build a redbrick
>     house in the Hexing Road. It replaced the family’s dilapidated
>     wooden home, and according to its owner was as smart as any in
>     Shanghai or Beijing. Three years later, a semi-official
>     development company, Chongqing Shengbo Real Estate, with plans for
>     a shopping mall, slapped a compulsory purchase order on Yang Wu’s
>     house and demanded he move out. His neighbours accepted
>     compensation and left, but in March 2007 Yang Wu refused to go,
>     even when diggers gouged out a 30ft-deep trench around his house.
>      
>     ***
>      
>     The image of Yang Wu’s home precariously perched on a pillar of
>     earth (see p59) attracted media coverage across the world and
>     widespread sympathy. But his demonstration had a broader
>     resonance. Although China’s land is nationalised, as a city
>     dweller he owned a 40-year leasehold on his home, the norm in
>     urban China. Indeed, the real purpose of his protest was probably
>     to secure greater compensation, but the timing offered an
>     unexpected glimpse into what may be China’s future.
>      
>     Just weeks earlier, the National People’s Congress had voted to
>     extend similar property rights to the country’s 750m peasants. The
>     new proposals were prompted by the need to keep China’s huge
>     population employed, and the economy growing at above 9 per cent a
>     year. Even before the crash it was obvious that foreign demand for
>     Chinese goods was not sufficient to keep the factories working.
>     Giving the rural population property rights would create capital
>     value in the land they farmed, and in turn stimulate the country’s
>     own consumer economy. “China must increase domestic demand and not
>     just depend on foreign trade,” Wen Tiejun of the People’s
>     University in Beijing argued at the time. “If you can invest in
>     rural areas and increase the cash income of people, you can
>     increase domestic demand.” As Zhu Keliang of the Rural Development
>     Institute in Seattle pointed out in April 2009: “Imagine what an
>     increase in income for 750m people, when given secure land rights,
>     would mean for the global economy.”
>      
>     Yet despite the endorsement of President Hu Jintao, the property
>     rights policy has triggered deep ideological opposition within the
>     Communist party. A China of 750m stroppy Yang Wus would overturn
>     the basis on which Mao Zedong built the 1949 revolution. And so,
>     for the time being, the plan remains sidelined. Instead, China has
>     relied on an aggressive course of capital investment and the
>     extension of personal credit to reflate its economy. But with
>     demand in the west stagnant for the foreseeable future, the case
>     for reform will remain. In practice, it may already have succeeded.
>      
>     The example of Israel suggests that China is on a course from
>     which there is no retreat. Israel nationalised nearly all its
>     territory at its foundation in 1948, following the socialist
>     instincts of David Ben-Gurion, its first prime minister, and an
>     injunction in Leviticus (“The land shall not be sold for ever: for
>     the land is mine; for you are strangers and sojourners with me”).
>     Since then, the land has been owned on 49-year leases, and
>     theoretically reverts to the state at their expiry. Once the first
>     leases began to run out in the late 1990s, however, the practice
>     proved very different. So entrenched had the sense of individual
>     ownership become during the interval that the state has had no
>     option but to renew leases for another 49 years. As Joshua
>     Weisman, professor of property law at Jerusalem’s Hebrew
>     University, points out, leasehold over 98 years becomes almost
>     indistinguishable from outright ownership.
>      
>     Given human nature, a similar pattern may be expected among
>     China’s urban dwellers in the next decade, when leases issued
>     since Deng Xiaoping’s reforms in the 1970s come up for renewal.
>     Once that pattern of leasehold merging into freehold spreads to
>     the countryside, it will in the long term not only create an
>     unprecedented amount of capital, but a new social consciousness
>     and the need for political structures sympathetic to
>     property-owning interests.
>      
>     Similar pressures will operate in the west. It is probably too
>     late to reverse the decision to put the needs of the financial
>     sector before those of a property-owning society, but it
>     represents an error of historic proportions. Indeed, meeting the
>     bill for the staggering infusion of credit to our financial
>     institutions will see much of the wiser social engineering of the
>     past 30 years reversed in the next decade. In England, the number
>     of people who own their own homes has fallen, according to
>     statistics published in September by the department of communities
>     and local government. This put homeownership at 68.3 per cent in
>     2008, down from 70.9 per cent in 2003. On present trends,
>     homeownership rates in Britain could drop significantly within ten
>     years.
>      
>     Yet if we learn anything from our history, it is that our social
>     order follows the way we govern our property. Whatever the demands
>     of the City, a future David Cameron government would be wise to
>     find ways to support property owners against their
>     mortgage-lenders, and favour both ahead of the financiers who lent
>     to them in the first place. Just as the government of China is
>     waking up to the social power of property, it would be tragic if
>     the British government forgot how the long-term social gains of
>     protecting ownership far outweigh the short-term financial cost.
>     For good and ill, Britain’s society and its economy have formed
>     themselves around the concept of private, exclusive property. The
>     new slogan must be this: “It’s the property, stupid.” The rest
>     will follow.
>
>
>      
>
> 




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