Inessentials

Analysis, criticism, and observations on pop culture.

Why Do Vampires Respect Property Laws?

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I’ve been watching The Vampire Diaries recently, which is a really entertaining, surprisingly capable show that scratches my itch for marathon-able genre television. It reminded me, though, of something that I’ve seen repeated in a lot of other vampire mythologies. Well, okay, I’m really only familiar with The Vampire Diaries and Buffy the Vampire Slayer, and I’m pretty sure it’s not in all vampire stories, but it seems to have become one of the key points that all vampire stories need to accept or deny. I want to know: why do vampires respect property laws?

Vampires, the stories go, are not allowed to enter a house where a human being lives. Once that person dies, they can enter. Otherwise, they must get an invitation (usually, an invitation from the human habitant) in order to enter. Some myths allow the vampire to later be expelled, others don’t. The point is, vampires are bound – physically prevented somehow – from entering a human residence.

Perhaps this says something strange about me, but I find it much easier to go along with a story about vampires than I do to go along with a story that assumes (1) that property rights are natural and (2) that property-ownership is a non-vague metaphysical relation. Allow me to elaborate.

Some folks think that I stand in an ownership-relation to my body. I own my body. By extension, when I work the common land that belongs to everyone or no one, I make that thing mine by mixing my labor with it. (Yes, it’s called the labor-mixing argument. It’s in John Locke’s Second Treatise on Government if you want the history of the idea. Homework: How did Marx exploit this principle?) I then have a natural right to whatever I’ve labored on. Slowly, by extension, and in ways that are not always clear, we extend ownership to many things that I didn’t mix my labor with. Usually, I paid for it and that makes it mine. Using arguments like these, some people see the right to own property as a natural right, one that applies to all human beings just because they are human beings. This is distinct from a legal right which is a right that applies only because the laws of the place I live say so. (More homework: Are civil right different from these two or identical to one or the other? What about human rights?)

Property rights as legal rights make a lot of sense to me. Property rights as natural rights don’t seem that plausible to me. The way to make them plausible, I think, is to say that they are natural in virtue of some aspect of human beings (or, more generally, rational agents), particularly something about the way they naturally congregate into societies.

What seems like a really bad way to argue that property rights are natural rights is to find support in either (1) the physical constition of the universe (that is in nomological law) or (2) in some broadly logical principle about objects and their relations (a metaphysical law). Nothing about my physical make-up as a member of homo sapiens logically requires that I be able to own property. And nothing about me as a physical being or as a rational agent seems to require it either (although some will disagree at this point).

All this means that it strikes me as extremely unlikely that the universe as it exists or as it would exist if there were vampires would be one that makes it a truth of the world that vampires must respect property lines. (I’m assuming a very plausible principle here: fictional worlds are like are own in every way not specifically marked as different. E.g., The world of The Vampire Diaries has gravity like ours and New York City has the same layout, but there is a place called Mystic Falls, there are vamipres, and so on.)

And while we’re at it, why the doorstop? Why not the curb? Property lines are ambiguous. And furthermore, whether or not someone lives at a place is vague (there are cases where it is not clear that I live there or I do not live there). I mean, have you ever tried to file taxes in two states? It’s a nightmare. How likely is it that there is some property principle in the universe (like gravity,or two objects can’t coexist at the same place at the same time) that is non-ambiguous and non-vague?

Vampires? I can roll with that. Ownership as a nomological or metaphysical law? That’s what bugs me.

UPDATE: I just watched TVD s1 e20, where Damon makes the following statement about threshholds, “Hotels and short-term leases are a gray area. Play it by ear.”

UPDATE 2: And to clarify, my objection is not that there can’t be vague objects in nature. (There’s no sharp border between a mountain and a valley, for instance.) It’s that even if property rights were somehow natural (which I don’t think they are), there’s no non-arbitrary reason for there to be a sharp cut-off (the doorstep/window) for something ambiguous and vague like where property lines end.

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Written by inessentials

September 2nd, 2011 at 4:51 pm

2 Responses to 'Why Do Vampires Respect Property Laws?'

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  1. The next step, it seems, becomes exploring the history of vampire lore to determine when these nomological property rights developed. I’m interested in how the vampire has spoken to contemporary mores/fears–i.e. the portrait of the vampire in “Nosferatu” implies a fear of disease and the other (generally read as antisemitic). So does the development of a nomological property value in contemporary vampire lore underline the naturalization of the values of neoliberalism?

    Greeney28

    4 Sep 11 at 11:22 am

  2. As TVD itself notes (through the voice of Jeremy), vampires can serve as metaphors for all sorts of things, especially in times of war. (My own preferred reading of the Big Three – TVD, BTVS, Twilight – is vampirism as masculinity, with the major stories about women giving into the idea that men are violent, abusive, cold, and distant. That’s troubling for a feminist like me.)

    Tracing the history of property rights through changes in political theory would be intriguing. It is in the seventeenth century that political theorists try to find reasons to support property laws that don’t appeal to tradition or to divine right. So I wouldn’t expect to find any appeals to laws of nature before then. Instead, we’d get supernatural explanations.

    And, really, this is the way that TVD should go. (Perhaps it does. I’m only caught up through s1.) First, they shouldn’t give an explanation. Second, if they do, they should ret-con a magical explanation (much like BTVS did with the slayer mythology in the later seasons). Basically, say that a powerful witch cast a spell for all time that would keep vampires out of domiciles. There’s still questions about how they could get so specific in a spell, but we are used to accepting agent-causation reasons for arbitrariness. (With good reason. “Arbitrary” comes from the Latin “arbitrium” which means the will or the power of choosing. Originally, the English “arbitrary” meant decided by an agent’s will.)

    inessentials

    5 Sep 11 at 9:33 am

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