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He Who Works

Frederick Verinder: My Neighbor's Landmark: Short Studies in Bible Land Laws (1911) — 4: The Year of Jubilee: Land and Liberty

§ 2. So far, then, as the first settlers in the land of Canaan were concerned, they all had a fair start. Wage slavery and undeserved poverty were unknown. The legislator was able to contemplate the possibility of an ideal state of society "when there shall be no poor among you; for the Lord shall greatly bless thee in the land which the Lord thy God giveth thee for an inheritance to possess it"; but "only if thou carefully hearken unto the voice of the Lord thy God, to observe to do all these commandments which I command thee this day." So long as the Law was kept, no Hebrew need toil for sweated wages for a brother Hebrew. By his own labor, under the Law which secured to him the equal right to the use of the earth, he could produce all that he needed, without being beholden to or controlled by any one else. Under such a Law, the worker's wages consisted of the whole of his product. He was not compelled to share what he produced either with a landlord or with an exploiter of labor. "Whoso keepeth the fig tree shall eat the fruit thereof?" "They shall build houses and inhabit them; and they shall plant vineyards, and eat the fruit of them. They shall not build, and another inhabit; they shall not plant, and another eat; for as the days of a tree are the days of My people, and Mine elect shall long enjoy the work of their hands. They shall not labor in vain, nor bring forth for trouble." "The husbandman that laboreth must be the first to partake of the fruits." "Who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? . . For it is written in the Law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? Or saith He it altogether for our sakes? For our sakes, no doubt, this is written that he that ploweth the land plow in hope; and that he that thresheth in hope should be partaker of his hope." ... Read the whole chapter, including footnotes

 

Frederick Verinder: My Neighbor's Landmark: Short Studies in Bible Land Laws (1911) — 7: Justice

§ 5. But the Hebrew conception of Justice was not merely forensic. It was not enough that the administration of the national law should be just. Justice must rule all social relations within the Nation. "Justice and judgment are the habitation of Thy throne: mercy and truth shall go before Thy face. Blessed is the people that know the joyful sound: they shall walk, O Lord, in the light of Thy countenance." Justice must rule in Israel, because "the just Lord is in the midst thereof," and "they that fear the Lord shall find judgment, and shall kindle justice as a light;" "for the ways of the Lord are right, and the just shall walk in them."

Nor did "Justice" consist in the mere formal observance of written laws or of binding custom which forbade the invasion of the legal or customary rights of others; for the Lord exercises "loving-kindness" as well as "judgment and justice in the earth," and His tender mercies are over all His works. Man must be just before he is generous, because generosity cannot begin till justice has been done: he ought to be both just and generous. The Law secured to him, under the protection of a curse, the equal right of access to land, and therewith the right to the produce of his own labor; but it made common to all the spontaneous growths of the sabbatic year "that the poor of thy people may eat," and it secured to "the stranger, the fatherless and the widow" the immemorial right of gleaning, and to the wayfarer the right to satisfy his hunger from the growing crops. The just man, enjoying the bounteous provision which God has made for His children, considers the cause of the poor. He should lend to his brother Hebrew in misfortune without grudging, and without interest. He should be ready to put himself to trouble in order to save his "brother," or even his "enemy," from the loss of what justly belongs to him. Nor might he build a house or dig a well without taking precautions to protect others from liability to accident.

Moreover, the Hebrew conception of justice covered also the conduct of man towards his still poorer relations, his humbler fellow-creatures of the stable and the field. "A righteous (Vulg., justus) man regardeth the life of his beast." The ox that tramped round the threshing-floor must not be muzzled in sight of the heap of corn; a weaker and a stronger animal must not be yoked together to the same plough.... Read the whole chapter, including footnotes

 

Frederick Verinder: My Neighbor's Landmark: Short Studies in Bible Land Laws (1911) — Appendix

D. The Coming Reign of Justice

With equal rights to land restored —

"Ye shall dwell in the land that I gave to your fathers; and ye shall be My people, and I will be your God" (Ezek. 36:28).

— men shall enjoy the produce of their labor.

"Then shall they dwell in their land that I have given to My servant Jacob. And they shall dwell safely therein, and shall build houses, and plant vineyards" (Ezek. 28:25, 26).

"The Lord hath sworn by His right hand, and by the arm of His strength, Surely I will no more give thy corn to be meat for thine enemies; and strangers shall not drink thy wine, for the which thou hast labored: but they that have garnered it shall eat it, and praise the Lord; and they that have gathered it shall drink it in the courts of My sanctuary" (Isa. 62: 8, 9 [R.V.]).

"And they shall build houses, and inhabit them; and they shall plant vineyards, and eat the fruit of them. They shall not build, and another inhabit; they shall not plant, and another eat: for as the days of a tree shall be the days of My people, and My chosen shall long enjoy the work of their hands. They shall not labor in vain, nor bring forth for calamity" (Isa. 65: 21-23 [RV.]). ... Read the whole appendix, including footnotes

 

9. Claiming the Promised Land: A New Jubilee for a New World

In the book of Joshua, we find that although the Promised Land is a gift from God, it is a gift that has to be claimed. Even before the actual conquest of the Promised Land, the Mosaic Law prescribed a method whereby possession of land was to be rendered pleasing in God's sight. The Canaanites' claim was forfeited by their idolatry, with human sacrifice and temple prostitution, and by their exploitive, monopolistic social order. By contrast, Israel, to make good its claim, had to institute a social order that would guard against the desecration, pollution, and injustices of which its predecessors were guilty, and would secure to each family and to every generation within the Hebrew commonwealth the equal right to the use of the land, of which the Lord was recognized as the sole absolute owner.

They began with a census of the tribes and families before the conquest (Num. 26:1-51). Every tribe, excepting Levi, and within each tribe every family, was to receive its proportionate share, according to size (Num. 26:55-56), and ultimately, to ensure fairness, by lot (Num. 34:16-29). The actual distribution, according to these provisions, was concluded at Shiloh (Josh. 19:51). According to ancient historian Josephus, the territory was not divided into shares of equal size but of equal agricultural value. The landmarks that protected these allotments were protected by the public and solemn denunciation of a curse against anyone who should dishonestly tamper with them (Deut. 27:11-16; 19:14).

As discovered again in our own century, it is easier to devise a one-time fair apportionment of land that it is to keep the system from falling apart. This is why the ancient law established the Jubilee year. At the end of every fifty years, any alienated lands — given away, sold, or lost from unpaid debts — would be restored to the original families. Temporary possessors were to be compensated for any unexhausted improvements they may have made on the land. Concentrated landownership, and the division of society into landed and landless classes, was thereby prevented from creeping into the system. The Jubilee effectively took the profit out of landholding as such, leaving no incentive for speculation. When it was observed — and historical records indicate that it was observed for long periods — the Jubilee system successfully removed the root cause of poverty from the Jewish society.

The influence of the Jubilee idea upon early Pennsylvania colonists is evidenced by the inscription on the Liberty Bell of the biblical words enjoining the Jubilee year: "Proclaim Liberty throughout all the land unto all the inhabitants thereof." (Lev. 25:10) The founder of Pennsylvania, William Penn, advocated that all men be "tenants to the public", and to defray public expenses instituted a tax on land.

Environmental concern also goes back to biblical land laws. To prevent the exhaustion of the soil, a periodic fallow was ordered. "During one year in every seven, the soil, left to the influences of sun and frost, wind and rain, was to be allowed to 're-create' itself after six years' cropping, exactly as the tiller of the soil renewed his strength, after six days' work, by his Sabbath day's rest."

As noted, the tribe of Levi did not share in the equal division of the land, since it was charged with carrying out religious and public duties. Its members were entitled to an indemnity from the eleven tribes who received the land that otherwise would have gone to them. This indemnity was the tithe — one-tenth of the product from the land occupied by the eleven other tribes.

Here, in principle, is the formula for a just land system in almost any time or place. The compensation to the Levites maintained the substance of equal rights to land, alongside of and compatible with unequal physical division of the land itself. As Frederick Verinder pointed out in his book My Neighbour's Landmark, joint heirs of a house may share it equally by occupying it equally or unequally but "paying the rental into a common fund, from which each draws an equal share; or they may let the whole house to someone else and divide the rent equally." So it is with land. Sharing equally in the economic rent or value of land through the application of that value to common uses from which all benefit, renders private ownership and unequal partition of land morally and pragmatically benign.

The modern equivalent of removing one's neighbor's landmark is thus not the private ownership of land per se, but rather the private appropriation of land value. "The profit of the earth is for all" (Eccles. 5:9). The Old Testament ethic, to assure everyone the same natural opportunity, asserts that all people have an equal right to economic rent, and the Levite tithe demonstrates that the socialization of rent offsets the ethical and practical harm resulting from private land ownership. But there is another basis for its advocacy: Rent should be taken by society because it is a social product. Rent arises in large measure from two societal phenomena: the mere presence of population, and community activity in a particular area. More people means more demand for space on which to live and work. Community activities such as roads, schools, protection, parks, sewage, utilities and other public services, as well as the totality of private commercial and cultural operations, all make land more productive or desirable. It follows that a community which funds such improvements out of its rent fund will be provided with a stable and growing fund with which to maintain and improve them. And unlike conventional taxes, the collection of this fund will enhance, not penalize, the production of wealth.

Individuals, in their bare capacity as landowners, do nothing to produce land value. By withholding sites from use, whether for speculation or for other reasons, they may generate scarcity, artificially inflating rent, but this does not reflect any positive contribution to production on the part of landowners.

While land value is not the only type of unearned increment, unearned income resulting from such advantages as talent, genes or luck is not at the expense of others. Even Karl Marx admitted: "The monopoly of property in land is even the basis of the monopoly of capital." Marx could have — but did not — champion the abolition of land monopoly; instead he advocated its transfer from private into state hands. It was left to Henry George to expound how the universal principles of justice found in the Mosaic model could be applied to the modern age in all its economic aspects — rural and urban, agricultural and industrial, technologically undeveloped or advanced.

What George advocated was to leave land titles in private hands but to appropriate land rent via the existing machinery of property taxation. "I do not propose either to purchase or to confiscate private property in land. The first would be unjust; the second, needless....It is not necessary to confiscate land; it is only necessary to confiscate rent." No owner or tenant would be expropriated or evicted. No limit would be placed on the quantity of land one could hold, as long as the annual rent were paid.

Coordinately with the capture of rent as public revenue, taxes on products of human labor — improvements, personal property, services, commodities, wages, etc. — would be reduced and ultimately eliminated.

George considered his remedy no mere human contrivance. He saw the growth of land value and the easy means of equitably distributing it as an expression of benevolent supernatural design: "As civilization goes on... so do the common wants increase and so does the necessity for public revenue arise. And so in that value which attaches to land, not by reason of anything the individual does, but by reason of the growth of the community, is a provision intended — we may safely say intended — to meet that social want."

George's remedy goes a long way to stop current inequity and prevent future inequity. While past inequity, in the form of accumulations of capital based on previous land speculation and monopoly cannot be accurately redressed, these fortunes can be impelled to serve the needs of the public via investment in production, not by further investment in land speculation and monopoly.

Dependency theory, to the degree that it hits upon one of the causes of Third World poverty in exploitation by foreign investors, can find in George's land value tax the constructive practical approach it lacks. Neither erection of trade barriers nor legal restriction of foreign ownership is called for. As one Australian writer puts it:

(W)hen investors from one country buy property in other countries they are seeking site rent, which they hope to obtain directly from tenants, or indirectly by selling land in the future when the price or capital value has increased.... The site rent that is so attractive to overseas investors can be kept in the country quite easily — by shifting taxation from labor onto land."

Because George asserted, "We must make land common property," he is sometimes erroneously regarded as an advocate of land nationalization. But, as we have seen, he was nothing of the sort. The expropriation of land makes it practically impossible to fairly compensate people for the improvements to land, which are their legitimate property. George's system renders to the community what is due to the community, without doing any violence to the wealth that has been fairly earned by productive workers.

Common property in land is sometimes discredited by equation with what Garrett Hardin calls "The Tragedy of the Commons." Referring to the common lands that were a major English institution until the mid-nineteenth century, Hardin describes the tendency of individuals, each rationally pursuing self-interest, to overgraze, denude, and use the commons as a cesspool. That which belongs to everybody in this sense is, indeed, in danger of being valued and maintained by nobody.

The enclosure movement ultimately brought an end to this ecologically destructive process, but not without literally pushing people off the land, exacting a baneful price in human misery that might well be termed "The Tragedy of the Enclosures." George hit upon a way of securing the benefits of both commons and enclosures, while at the same time avoiding their evils. Land value taxation rectifies distribution so that all receive wealth in proportion to their contribution to its production. This liberates the economic system from exploiters who contribute little or nothing. Apportioning the wealth pie fairly increases the incentive to increase the size of the pie. The market becomes in practice what capitalist theory alleges it to be — a profoundly cooperative process of voluntary exchange of goods and services. Paradoxical though it may seem, the only way the individual may be assured what properly belongs to him or her is for society to take what properly belongs to it: The ideal of Jeffersonian individualism requires for its actualization the socialization of rent.

Just as Marxists err in insisting that everything be socialized, extreme capitalists err in insisting that everything (even public parks and forests!) be privatized. The middle way is to recognize society's claim to what nature and society create — the value of land and its rent — so that working people, including entrepreneurs, may claim their full share of what they create. In this balanced approach can be found the authentic verities respectively inherent in socialism and individualism. ...

10. The Promised Land and the Kingdom of God

The Promised Land, like Eden, is a place of unhindered scope in which to glorify God and manifest his will. But it is not the Kingdom of God. It represents liberation from external bondage — from oppression and restricted access to material opportunity. It is the temporal matrix within which the Kingdom may find full expression. But it is not itself the Kingdom. Although it is a heresy that locates this Kingdom exclusively in the afterlife or an ethereal paradise, Jesus declared it to be "not of this world" (John 18:36) but "within" (Luke 17:21). It is no reproach to Henry George that he lost sight of this distinction between the Promised Land and the Kingdom of God, enraptured by his vision of a just society:

With want destroyed; with greed changed to noble passions; with the fraternity that is born of equality taking the place of jealousy and fear that now array men against each other; with mental power loosed by conditions that give to the humblest comfort and leisure; and who shall measure the heights to which our civilization may soar? Words fail the thought! It is the Golden Age.... It is the culmination of Christianity — the City of God on earth, with walls of jasper and gates of pearl! It is the reign of the Prince of Peace!

By equalizing opportunity, political and economic liberation tend to draw both poor and rich into the middle class. As an expression of social justice, this constitutes a genuine advance, ethical as well as material. But it is no easy guarantee of spiritual gain. Middle-class traits include virtues such as industry, thrift, restraint, commercial and professional rectitude, but, on the other hand, low prudentialism, self-satisfaction, and an inclination to regard material well-being as a sign of righteousness. Hence, even in the Promised Land, what Paulo Freire calls "conscientization" (roughly, consciousness-raising through social commitment), emphasized and refined by liberation theology, must continue although in a different vein. The Kingdom of God will flourish only when outward liberation gives rise to inward liberation, a victory over the limitations of the bourgeois ethos.

"The Earth Is the Lord's" (Psalm 24:1). This statement tells us something about God. He is attached to the land and loves it. He is not a spiritual abstraction oblivious to the Wasteland in which we live. God is the maker of the world of eating and sleeping, working and begetting. It also tells us something of our place in this world. With God as the true owner of the earth, every person has a right to the produce which equitable usufruct yields to his or her efforts.

To recognize that "the earth is the Lord's" is to see that the same God who established communities has also in his providence ordained for them, through the land itself, a just source of revenue. Yet, in the Wasteland in which we live, this revenue goes mainly into the pockets of monopolists, while communities meet their needs by extorting individuals the fruits of their honest toil. If ever there were any doubt that structural sin exists, our present system of taxation is the proof. Everywhere we see governments penalizing individuals for their industry and creativity, while the socially produced value of land is reaped by speculators in exact proportion to the land which they withhold. The greater the Wasteland, the greater the reward. Does this comport with any divine plan, or notion of justice and human rights? Or does it not, rather, perpetuate the Wasteland and prevent the realization of the Promised Land?

This not meant to suggest that land monopolists and speculators have a corner on acquisitiveness or the "profit motive," which is a well-nigh universal fact of human nature. As a group, they are no more sinful than are people at large, except to the degree that they knowingly obstruct reforms aimed at removing the basis of exploitation. Many abide by the dictum: "If one has to live under a corrupt system, it is better to be a beneficiary than a victim of it."

But they do not have to live under a corrupt system; no one does. The profit motive can be channeled in ways that are socially desirable as well as in ways that are socially destructive. Let us give testimony to our faith that the earth is the Lord's by building a social order in which there are no victims.

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