Rape is bad
Rape is special to me, because there is absolutely no scenario in which it is ever ok. It is the one universally decried, unambiguously wrong behavior. Even the guy who shoots planned parenthood doctors thinks rape is bad. Even the mealy mouthed college professor peddling multicultural moral relativism will in his very next breath assert the immutability of the prohibition on rape. Everyone, liberals and conservatives, statists and anarchists, brights and supers, everyone can join hands and shout with one voice their unwavering opposition to all rape at all times and under all circumstances. Rape is ALWAYS bad.
Theft is also ALWAYS bad, but some people don't see it that way. Tell a staunch statist, on the left or the right, about the sacredness of private property, and you're likely to get a lecture on a lifeboat scenario. Imagine that 10 of us are on a lifeboat in the Atlantic. Everyone is dying of thirst, except for me. I have a jug of fresh water, but I don't want to share. Will you force me to share the water? Of course you will. I'd do the same thing if the situation were reversed. But does that make it ok? The statist will tell you that this situation proves that property rights are situationally relative and that they flow from the consent of society as a whole.
But that's unforgivably stupid. If rape is ALWAYS bad, then theft is also ALWAYS bad. I'll prove it to you. We'll do it as a series of increasingly broad moral principles. We already agree on the first step.
Step 1: Don't rape.
What is rape?
A guy violently having his way with an unlucky jogger in the park is clearly rape, but rape isn't always between strangers or even violent. If a husband forces sex on his wife, it's still rape. If you have warm, tender, gentle, thoughtful, patient sex with somebody without their permission while they're sleeping, it's still rape. And finally, if you tell someone that you'll kill them if they don't "volunteer" to have sex with you, it's still rape. So rape is the initiation of force or the threat of the initiation of force against another person's body for sex. so let's update our principle.
Step 2: Don't initiate force or threaten to initiate force against another person's body for sex.
Why is rape bad?
The person using force against your body for sex didn't get your permission first. You have the right to grant and withhold permission. You have the right to decide who can and can not have sex with you. This isn't a right that is conditionally granted to you by a benevolent society. This is an unbendable fact of moral reality. You have the exclusive right to control your own body. What do we call that when someone has the exclusive right to decide what happens to some physical object?
We call that ownership. Rape is bad because you own your body.
So if it's not ok to initiate force or to threaten to initiate force against another person's body for sex because they own their body then it's not ok to do it for any purpose. So it's not ok to assault, kidnap, enslave, torture, or murder somebody all for the same reason that it's not ok to rape somebody. It's all the initiation of force against someone elses body. So let's update our principle by dropping the "for sex" bit.
Step 3: Don't initiate force or threaten to initiate force against another person's body.
Why do you own your body?
You could say that you own your body because you need it to live. But remember the situation in "my sister's keeper". A couple has a child with a life threatening illness. Then they have a specially-chosen-for-it's-magically-perfect-DNA second child in order to harvest the second child's tissues in a painful and lifelong process in order to keep the first child alive. So now, the first child needs the second child's body in order to live, but that doesn't mean that the first child has an equal right to own the second child's body.
But the idea that you need your body to live almost has something to do with it. You need it to live because you're inside of it. Owning your body has something to do with you being inside of it. But that's not quite enough. If someone gets in your car, they don't own it just because they're inside of it. Imagine a future scenario where we have the technology to move your mind from one body to another. Maybe you've parked your body somewhere while your mind goes for a vacation on the internet. But when you get back, you discover that someone else is in your body. That person doesn't now own your body simply because they're in it. That body is still yours.
so you own your body not just because you're in it, but because you were the first one in it. Your mind was the very first mind to set up shop in that body. You claimed it even before your infancy. What do we call that when someone is the legitimate owner of something that wasn't previously owned by anybody because they were the first person to claim it and make use of it?
We call that homesteading. You own your body because you homesteaded it.
So it's not ok to initiate force or to threaten to initiate force against a body, because that body was homesteaded. So it's not ok to initiate force or to threaten to initiate force against anything that has been homesteaded. So let's update our principle.
Step 4: Don't initiate force or threaten to initiate force against anything that has been homesteaded.
So now we've created this category called things that have been homesteaded. And we know that it is absolutely forbidden to initiate force or to threaten to initiate force against it. And we know that human bodies are one of the things in that category. But what else is in that category? what else can be homesteaded?
Actually, everything else.
Like land:
You go into the unowned wilderness. You spend years chopping down trees and pulling out stumps and building a house and a silo and a fence and planting and harvesting crops and now that land is yours. If someone comes along and says "actually, I have just as much right to this land as you do, because...", that person is wrong. It doesn't matter how they end that sentence. ...because I want it really bad. ...because I need it to live. ...because I'm a human being and the earth is the collective inheritance of our species. It doesn't matter what he says. You got there first. You made it useful. You homesteaded it. It's yours. Someone trying to use force against your farm is just as unambiguously wrong as someone trying to use force against your body for sex. And for the same reason: homesteading.
And water:
You go into the unowned wilderness. you spend years chopping down trees near a river and digging canals off of that river for irrigating distant farms and now that section of the river is yours. And so is the land where your canals are. If someone who owns another part of the river upstream from you starts pouring bleach into it and killing all of your customers crops, you have the right to stop him. And he owes you compensation for the damage that he caused. And if someone comes along and says "I want to use this part of the river to cool my nuclear reactors and i have just as much right to this part of the river as you do because...", he's wrong. You were there first. You made it useful. You homesteaded it. It's yours. Using force against your section of the river is just as unambiguously wrong as using force against your body for sex. And for the same reason: homesteading.
And air:
you go into the unowned wilderness and you spend years chopping down trees and building two mighty towers, but you don't homestead any of the land between the two towers. However, you use the air space between the two towers from between 50 and 100 feet up to send messages using Morse code and occasionally to travel between them using zip lines. If someone comes along and builds a farm between your two towers he has every right to. But if he tries to build something that invades the air space between your two towers between 50 and 100 feet up then you have every right to stop him. If he says, "I want to build a replica of the Eiffel tower and I have just as much right to this airspace as you do, because...", he's wrong. You were there first. You made it useful. You homesteaded. It's yours. Using force against your airspace is just as unambiguously wrong as using force against your body for sex. And for the same reason: homesteading.
So, literally everything can be homesteaded.
But what if you homestead some land and build a farm and grow some cotton and make a sweater and then give it to your grandmother for her birthday? Now Grandma owns the sweater. You have the right to transfer ownership of anything that you own. You can do that through gifting. Or maybe your neighbor grows corn. You make sweaters and he makes tortillas and the two of you trade. Now you own tortillas and he owns sweaters. So you can transfer ownership through trade. Or maybe you died and you wrote in your will that you want your favorite niece to have all of your sweaters. Now she owns your sweaters. So homesteaded property can be gifted, traded or willed and the recipient of the property is now its legitimate owner. What do we call something that is legitimately owned by somebody through homesteading, gifting, trading or willing?
We call that private property.
And if someone comes along to your grandmother, your neighbor, or your niece and says, "I want some sweaters too and I have just as much right to them as you do, because...", he's wrong. Those sweaters belong to your grandma, your neighbor, or your niece. They acquired them justly. They're theirs. Someone using force against their sweaters is just as unambiguously wrong as someone using force against their bodies for sex. And for the same reason: private property. So now we can update our principle again.
Step 5: Don't initiate force or threaten to initiate force against private property.
OK, let's do a quick recap.
Rape is bad.
Because initiating force against your body is bad.
Because you own your body.
Because you homesteaded it.
And homesteaded property can be transferred through gifting, willing and trading.
So it's not OK to initiate force against private property. That is: stealing is bad.
In other words:
Rape is bad BECAUSE stealing is bad. Rape is just a special kind of stealing.
So let's go back to that lifeboat in the Atlantic:
This time you're the water miser. You're sitting on a life sustaining stash of aquafina. Do I force you to share with everyone on that boat? Of course I do! But that doesn't make it OK. If we survive, I know that I owe you market value for that water. I also owe you compensation for the pain and suffering associated with the force I used to get the water and with the terror of just not having the water. I also owe you interest on all of that money for as long as it takes for me to pay you back.
Nobody has the right to use force against your body. Your body is sacred. And it's sacred for the same reason that all private property is sacred. Nobody has the right to use force against your home, your business, your inheritance, the product of your labor or even your crummy bottle of aquafina. Nobody has the right to control your body or your assets no matter how many of your neighbors vote for it and no matter how many thugs in blue costumes come to enforce their edicts.