You Stole Our Land: Common Law, Private Property, and Rothbardian Principles of Justice

Demands for justice based on allegations that “you stole our land” seem to evolve interminably without resolution. In responding to these demands it seems trite to observe that the law must not let the violation of rights go without a remedy, but how should property law resolve cases of wrongful acquisition arising from historical conquest? It is easy to say in the abstract that stolen property must be returned to the true owner, but in the context of historical dispossession it is often difficult to identify the “true owner” when centuries have elapsed since the alleged dispossession. Based on a comparison between the common law tradition and Rothbardian principles of property rights, this article argues that the “stolen land” debates are characterized by arbitrary and unprincipled distinctions between different cases. Far from resolving any disputes, that approach only fuels fresh rounds of hostility and conflict. Allegations of wrongful acquisition of title must instead be evaluated by reference to an ethical theory of justice based on objective principles of natural law.