© 2016 East/West: Journal of Ukrainian Studies (ewjus.com) ISSN 2292-7956
Volume III, No. 2 (2016) DOI: http://dx.doi.org/10.21226/T2DW2S
Review Essay
Property, Predation, and Protection
Paul Babie
The University of Adelaide
Stanislav Markus. Property, Predation, and Protection: Piranha
Capitalism in Russia and Ukraine. New York: Cambridge UP, 2015. xii, 244
pp. Illustrations. Tables. Bibliography. Index. $95.00, cloth.
hat is property? It is neither what it may first appear nor what we are
first told it might be. Let me explain. What property first appears to be
is a means of allocating goods and resources. Typically, philosophers and
other social and legal theorists begin by saying that property is a system
whereby scarce resources—usually everything that people can either see or
imagine—are allocated amongst individuals (individuals can be natural—
you and me; and legal—corporations). It is often difficult to work out how a
system of property achieves the initial allocation of a particular good or
resource. For that reason, those who acquire a good or resource on that
initial allocation are sometimes said to have won the lottery of enjoying the
resource. Joseph William Singer calls this initial allocation of a resource a
“magic moment” (Singer 172; drawing on Nozick 151-64), aptly capturing
the mystical and mystifying way in which the law allows some to end up as
“haves” while others, usually a large majority, end up as “have nots.”
Having allocated a resource, a system of property also provides a secure
means of using it, allowing the holder to prevent others from using it or from
interfering with the holder’s use and disposal of it. And all of this, in liberal
terms, is to allow the holder to exercise those rights so as to suit one’s own
preferences. These rights and their preference-satisfying exercise are
supported by justifications offered for why the magic moment of allocation
is just and ought to be that way—these usually include first possession, just
deserts, efficiency, justified expectations, and other leading arguments of the
liberal pantheon of justifications for why the world ought to be divided up
the way that it is.
From these justifications emerge some oft-rehearsed assertions about
what property will be or, more accurately, what it will do for a state. It is
usually said by those driving the global neo-liberal and rule-of-law agendas
that property and, more specifically, private property (that form which is
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