§ 5. For once in every fifty years — which we may take roughly
to represent a generation of Hebrew life — the original equal division
of the land was restored. Whatever inequalities might have crept
in, through the foolishness or improvidence of some, or through the selfishness
or injustice
of others, were redressed when, in the fiftieth year, "on the tenth
day of the seventh month, in the day of atonement," the trumpet of the
Jubilee sounded throughout all the land and proclaimed the national festival
of Land and Liberty. "And ye shall hallow the fiftieth year, and proclaim
liberty throughout all the land unto all the inhabitants thereof; it shall
be a jubilee to you; and ye shall return every man unto his possession, and
ye shall return every man unto his family."
139 The Book of Jubilees (second century B.C.)
makes the Jubilee cycle one of forty-nine years. But according to Jos.
(Antiq.
iii. 12. 282), and most other authorities, it was the fiftieth year:.
Ewald (Antiq., Engl. transl. of 3rd ed., pp. 374, 375) says that it included
the last half of the 49th and the first half of the 50th year; and that
it "naturally began with the preparatory day of the Autumn festival,
after the year's harvest of every kind was complete."
140 Lev. 25:8-10. There is no definite historical record of the actual
observance of the Year of jubilee. (But see Jewish Encyclopedia, x. 607,
for the tradition
of its observance before the captivity.) "On a close inspection nothing
is more certain than that the idea of the Jubilee is the last ring of a chain
which only attains in it the necessary conclusion, and that the history of
the Jubilee, in spite of its at first seemingly strange aspect, was once
for centuries a reality in the national life of Israel" (Ewald, Antiq.
378). "It is impossible to think that (as sometimes been supposed) the
institution of the Jubillee is a mere paper-law -- a theoretical completion
of the system of seven; at least as far as concerns the land (for the periodical
redistribution of which there are... analogies in other nations) it must
date from ancient times in Israel (Driver, Literature of the O.T., 7th ed.
p. 57). Ezekiel (7:12, 13) mentions its non-observance as one of the signs
that "the end is come" upon the nation for its abominable misdoings
(7:2,3).
It is to be noted that the Hebrew's estate in land is always
spoken of as his "possession" or his "inheritance," and never as his "ownership" or "property." Ewald
seems to have expressed the distinction with exactness: —
"The existence of property is assumed by every system
of legislation, even the earliest, because such a system can only follow
on
a long period
of social development and exertion. But Jahveism assumes more than
this. For, according to it, each of the tribes of Israel is to have its
landed
possessions, and each individual household in the tribe is to have
its definite portion of the land belonging to the tribe, which is for
ever
to remain the inalienable heritage of this house and form the sure
basis of all property."
The Hebrew did not own land. It was not "his own" to
do as he liked with; "the land shall not be sold out and out;" it
was only his to use, subject to the equal rights of every other Hebrew.
He only enjoyed an interest in land, and, if he sold anything, he could
only sell that interest. He could not sell the equal interest
of his children or his children's children. The land of Canaan was,
as it were, held from God on lease, by the families of Israel. At the
end
of every fifty years, all the leases fell in simultaneously, and God
made a fresh grant of the land, for another fifty years, to all the
families
of His people, in equal shares as at the first. Hence the Hebrew who,
voluntarily or through some compulsion, "sold his land," sold, not the ownership
of the land, but the "fag-end of the lease" — till the
next year of Jubilee. When the Jubilee proclamation again sounded from
the sacred rams' horns, the land came back to his family, all contracts
of sale to the contrary notwithstanding, and his children enjoyed the same
advantage of a "fair start" as their father had had before
them. ...
§ 9. The Law clearly recognises the fact that
slavery, in one form or another, is caused by the denial of equal rights
in land. So
long as the Hebrew retained his foothold upon the land, he enjoyed
freedom and had within his hand the opportunity of winning a comfortable
subsistence
by honest toil. No landlord could rack-rent him for permission to till
the ground, or confiscate the results of his industry by raising the
rent on his improvements. Economically and politically, he was a free
man. But
if, in the course of time, he lost to another man his share in the
land — through
misfortune, or laziness, or vice on his own part; or through the cunning
or violence of his fellows — he must either become a tramp, or
hire himself for wages to a brother-Israelite. To the man who gained
by such
a transaction it meant the beginning of monopoly: to the man who lost,
and to his family, a descent into social slavery. Wage-slavery is the
daughter of landlordism.
"And if thy brother that dwelleth by thee be waxen poor, and be sold
unto thee thou shalt not compel him to serve as a bondservant: but as an
hired servant, and as a sojourner, he shall be with thee, and shall serve
thee unto the year of Jubilee: and then he shall depart from thee, both
he and his children with him, and shall return unto his own family, and
unto the possession of his fathers shall he return. For they are My servants,
which I brought forth out of the land of Egypt: they shall not be sold
as bondmen. Thou shalt not rule over him with rigor; but shalt fear thy
God" (Lev. 25:39-43).
The kidnapping of a brother Hebrew into slavery was punishable
by death. But the Hebrews were permitted to make slaves of the captives of
war, and
to buy slaves of "the heathen that are round about you," to
treat them as property, and to leave them as an inheritance to their
children.165
165 The later teaching, fully developed only
in the N. T., extended the older Jewish conception of the brotherhood
of the children
of Abraham so as to include all the children of Adam. ("Christwas
not the second Abraham, but the second Adam" -- Rev. Thos. Hancock.)
When Malachi (2:10) asked: "Have we not all one Father? hath not
one God created us? why do we deal treacherously every man against his
brother, by profaning the covenant of our fathers?" he was thinking
only of his own nation. But the universal Fatherhood of God, as preached
by Jesus Christ, and by St. Paul on Mars' Hill, made slavery logically
impossible to Christians. "God that made the world and all things
therein . . . hath made of one blood all nations of men for to dwell
on the face of the earth. .. . .. As certain also of your own poets have
said, For we also are His offspring." (Acts 17: 24, 26, 28). In
the Jews' morning prayer, the men, in three consecutive benedictions;
bless God "Who hath not made me a Gentile . . . a slave . ..a woman" (Taylor,
Sayings J.F., p. 15, n.). St. Paul certainly had this prayer in mind
when he dictated Gal. 3:28. (The reason why the Jewish ritual contains
the passage "not '-.. . a Gentile. . . a slave. ...a woman" is,
that these three classes were exempt from certain religious obligations.,..-
S.] Jesus ben Sirach exhorts the master, for motives of self-interest,
to "entreat" the slave whom he has bought ''as a brother" (Ecclus.
33: 30, 31). St. Paul may have been thinking of this passage when he
wrote about the runaway slave Onesimus (Philem. 16)., but the reason
he gives is based on higher grounds.
Even foreign settlers among the Hebrews were subject to the
law of Jubilee, so far as their Hebrew slaves were concerned. If a rich foreigner
bought
a Hebrew as his slave, he must treat him as "a yearly hired servant," and
must set him free in the Year of Jubilee, if he had not, in the meantime,
been able to redeem himself, or been redeemed by a kinsman.
So, once in every generation did the Law "proclaim liberty to the captives" in "the
acceptable Year of the Lord." Well does one of the prophets call it "the
Year of Liberty."
The emancipation of the man and the restoration of the land go hand in hand.
The same law applies to both: the Jubilee sets them both equally free. Means
are provided by which, even before the Jubilee, under favoring conditions,
the man may be redeemed from bondage, or the land from the hand of the stranger.
There are few tracts on the Land Question so thought-provoking as to the
first principles of just social relationships as the little leaflet which
has floated down to us through the ages, and which we usually refer to as
the twenty-fifth chapter of Leviticus. The details of the legislation there
recorded have long ceased to have other than an antiquarian interest, but
the principles they embody and illustrate are eternal. We have here at once
one of the most ancient and one of the most modern treatises on the Land
Question; for it is based on the fundamental truth that
-
private property in land is private property in man;
-
that landlordism is slavery;
-
that Land and Liberty are both essential to the well-being of a
Nation. Read the whole
chapter,
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.
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