Chapter 1: Why âPropertyâ - Foreign Military Studies Office - U.S. Army

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AcknowledgementsThe number of individuals that deserve my thanks is so great I willundoubtedly forget to include important names if I attempt to list eachof them. Among the organizations that contributed most to completionof this project I want to highlight our Foreign Military Studies Office,the members of which have suffered me in this matter far longer thanhumanity dictates. Their assistance and guidance is always insightful,informed, positive, enthusiastic, useful and creative. Of special helpfrom outside the Office were the Mercatus Center at George MasonUniversity, the Department of Geography at the University of Kansas,and the Consortium for the Study of Intelligence in Washington, D.C. Ialso wish to thank my family for their patient support.viii
Author’s note regarding the subtitleIn 1677 the English Parliament passed what would survive as one ofthe most durable instruments in English-speaking law, the Statute ofFrauds. More than just a convenience for the court, it was a moment ofrecognition that physical technologies, and persons who could put themto use, were available in sufficient quantity to be applied to amelioratethe human tendency to lie, cheat and steal. From that point on, anyimportant agreement in the realm (anything dealing with land wasconsidered important) would have to be in writing if it were to berecognized and enforced by the State. Later, agreements would have tobe signed, then witnessed, then notarized, then copied, photocopied,distributed and even put on the Internet. All of the requirements go tothe same end – to make evidence more reliable and court decisionsmore effective. Subornation, perjury, contempt and vigilantism aremore likely contained, and systems of commitments can span beyondhuman memory and familial control. The jurisprudential event of 1677was a milestone in the evolution of an innovative discipline that had notbeen not so formally appreciated since the time of the Romans. TheStatute of Frauds is mentioned in the title to this book to acknowledgethat the rejection of oral evidence became a competitive advantage ofWestern civilization. The West systematically prepared the legalenvironment for conflict resolution. That the pen is mightier than thesword is more than shibboleth. The importance of this culturalinheritance may have been overlooked, forgotten or taken for granted,but it is a quotidian key to peace. The requirement that the evidence ofhuman agreements be precise, comprehensive and transparent is muchof what makes life in your county peaceable. It is what puts so many oftoday’s practical geographers to work at the county courthouse oroffice of the city manager. There they maintain ownership maps, landuseplans and the like. If not for such records, their maintenance andthe courts and markets that apply them, we would live in a world ofpossession by force -- a continual physical struggle -- the kind ofconstant violent contest in which we find much of the rest of the world.ix
Page 1: Property & Peace:Insurgency, Strate
Page 7: Chapter Five: What is to be Done? .
Page 11 and 12: 4. Hohfeld versus HaushoferUS strat
Page 13 and 14: Purpose and assertions“How could
Page 15 and 16: where. A democratic society must kn
Page 17 and 18: ecause of a demonstrated ability to
Page 19 and 20: object, but a set of recognized rig
Page 21 and 22: as an element in the social contrac
Page 23 and 24: egarding property systems as they r
Page 25 and 26: There is one more disclaimer and on
Page 27 and 28: improvisational and unregulated cir
Page 29 and 30: Figure 1. Horace’s Old LotFrom th
Page 31 and 32: disrespect for the court as well as
Page 33 and 34: the parties. In Leavenworth, the po
Page 35 and 36: controlled by a municipal corporati
Page 37 and 38: In other words, if we escape city w
Page 39 and 40: of ownerships are, needless to say,
Page 41 and 42: of owners is a problem involving th
Page 43 and 44: The above examples tell us that sim
Page 45 and 46: attached the lessons of that experi
Page 47 and 48: When transaction costs to secure th
Page 49 and 50: Basic Ownership rules"It should be
Page 51: court order, can be lost in even th
Page 54 and 55: From the urban conflict in Medellí
Page 56 and 57: [sic] to have been the primitive sy
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ownership problems. Internally, lim
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accurate and correct. When that kin
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fungible capital from one enterpris
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Particularization of powerProperty
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action. 36 Writing in the late 1950
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neutralizing them requires an analy
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International law quickly becomes p
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context of public international law
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middle-eastern fascists, and Islami
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outlaws such as Colombia’s FARC t
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We might call crimes of strategic m
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North Korea’s conventional milita
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A suitable term for the course of a
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intelligence that the private eye o
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The market of property rights is no
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the government might limit his righ
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convincingly establishes a causal l
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discovered, in effect, that the inv
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"In every civilized society propert
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Nicolas sums up the slave’s posit
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the American Civil War. Few underst
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might exercise property ownership i
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agreement). The difference can be s
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200,000-400,000, are not active on
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demand further investigation into t
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or less primitive or advanced, but
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Within our domestic experience, we
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States -- increasingly as the Castr
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issue, and serving President Bush f
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claims, the more important question
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The property concerns of exiled Cub
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Some crisis predictions foresee vio
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activities that in turn provide cov
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ebellious expression. In the Americ
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sectors of Mexican society wanting
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Of all the deleterious effects that
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120
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The calculus of violence“Colombia
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organization. It is an omission tha
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quinine, ink, feathers, fur, flower
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geologic time, that marketable reso
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undercurrent, manifested and domina
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are strategic ownership plans. None
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description of their equivalent, te
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country) undertook a regional war a
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LandmineemplacementHighwayrobberyFA
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Doubloon at restCompartmentalized g
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Not, however, with the dedication a
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River valley), is a natural hub for
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Emerald smuggling is another tradit
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FARC and ELN, the product of direct
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Barrancabermeja area alone. 133 Con
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Law as legitimacyThe history of pro
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Colombia’s immediate post-colonia
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econciled. The cadastres are not up
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offices is directly related to hist
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(reportedly including dozens of who
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ut they each serve in a different w
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of less dramatic and more disperse
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suppose that the principal US milit
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Protected interior lines allowed th
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could hardly have been chosen. The
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government open land has also been
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property records convey. In essence
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Figure 5 Colombian minefieldsCompos
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The Colombian landmine environmenta
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force--and still successfully fines
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although this is clearly important
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locks, logistics has been a primary
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successful element. 180 From the Am
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northwest. 183 The Urubá/Atrato ar
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communication, etc. The municipios
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For outlaw groups, dominating speci
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organizations, geographic strategie
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democratic government is to fulfill
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in order to ease administration of
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Deserving to winNo one can feel as
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environmental protection. Today, th
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supposed to be one in which the gov
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much as four million hectares of la
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National Security Strategy of the U
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It is difficult to discuss strategy
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analysis’ as the chapter title al
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20 th Century, Britisher Halford Ma
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geopolitical theorist, Nicholas Spy
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(1) The worldwide interests, goals,
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decades prior. 214 Instead of conce
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a priori, continental control and w
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world in which military as well as
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importance of land to the American
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Even less physically visible are th
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territory and hold on to it indefin
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dominance-seeking nature of man. It
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population, many peoples expect the
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different potential owners. They di
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as those presented by Cline or Span
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eader of the present work more than
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of the 1930s, advocated massed bomb
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out." 244 Delbruck felt that Freder
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attack throughout the entire battle
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Unrestrained by borders and the tra
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change almost invariably conceals a
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sing to interrogators, even their m
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can block their routes of escape an
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In 1994, the Rwanda humanitarian cr
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simply to lower government morale a
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It should seem natural that informa
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and their containment. In addition,
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the specific rights that people hav
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The Zionist leadership concentrated
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In order to influence the lives of
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had been previously occupied by a f
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Developing a modern, formal land ow
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James Madison’s venerable words a
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countries. 279 Potential clean-up s
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territorial identities. Communist C
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terms a chance to revalidate Americ
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prioritized security concerns with
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National Intelligence shall ensure
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this office was created, the inform
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Something more obscure, such as leg
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The Domesday Book provides extensiv
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around the precise location and rep
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property laws, greatly facilitated
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mismatch between the theoretical un
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Property is a contract between soci
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Next on the component list for a pr
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system of ownership rules was fuele
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instrument is a product of demograp
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306
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Improvement of foreign property sys
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Hernando De Soto and his team of re
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failure to emphasize transparency i
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and nuclear engineering after World
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past decade or so has it been reaso
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International Property Rights Index
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they relate to each potential slice
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groups and individuals often depend
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The United States military has been
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presence of armed force. As Robert
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‘cadastre’ (catastro) was perha
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of organized malefactors is reduced
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ecognition of the importance of pro
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capital” indicated “the total a
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hemisphere are multi-faceted, mixin
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Region.’ 337 Among the document
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underlying causes of gross human ri
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víveres, una gallera, una joyería
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that property is consistently impro
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dangers of human contraband are pal
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questions of national security, how
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those contested rights and duties t
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associated with formal property pro
Page 365 and 366:
354
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A. accuracyB. comprehensivenessC. t
Page 369 and 370:
5. Professional standards of real p
Page 371 and 372:
Beard, Charles A. The Idea of the N
Page 373 and 374:
Commission on Integrated Long-Term
Page 375 and 376:
Freedom House. Cuba in the Nineties
Page 377 and 378:
Kent, Edward Allen, ed. Law and Phi
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Molano, Alfredo. Desterrados: crón
Page 381 and 382:
Powelson, John P. The Story of Land
Page 383 and 384:
U.S. Patent and Trademark Office. A
Page 385:
St. Augustine, 64, 72, 81, 82, 83st
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Chapter 1: Why âPropertyâ - Foreign Military Studies Office - U.S. Army