Dr. Seuss and Philosophy - Jacob M. Held [117]
If Horton could make the case that Mayzie had taken more than she could use, he might be able to claim the egg should be his. He might appeal to “squatter’s rights,” or what lawyers call “adverse possession.” This is the notion that if a person “squats” on, or takes possession of a property that another person has abandoned and maintains possession for a specific length of time (which varies according to local statutes), then the squatter gains a right to that property. Locke’s labor-mixing theory provides justification for this idea because of the fact that one cannot lay claim to more than one can make use of before it spoils. If one person owns a property but is not making use of it and another person is making use of it, it makes perfect sense to say that the person who is willing to make use of it may lay claim to it. Even though a piece of land might not actually spoil, if it lies fallow for a year then that year’s potential crop production has been wasted. The lost year can never be regained. Squatter’s rights arose in part to discourage such wastefulness.
This seems to be what is going on in Thidwick the Big-Hearted Moose. Thidwick offers a tiny Bingle Bug a ride on his antlers, but the bug invites more and more creatures aboard to join him, until the poor moose can barely move. Thidwick is big-hearted, of course, and he believes it’s his duty to provide hospitality to his guests, so he allows them to remain, even though it means he can’t migrate with the rest of his herd, and so he goes hungry and becomes a target for hunters. The creatures in his antlers, however, seem to be invoking squatter’s rights rather than the ancient law of hospitality, when they say, “These horns are our home and you’ve no right to take / Our home to the far distant side of the lake!” (Thidwick). They claim that the antlers are now their property. But this is a misapplication of squatter’s rights. A person who takes possession of a property under permission of the owner, like a tenant or invited guest, does not gain squatter’s rights, because the original owner is making use of the property—by choosing to allow someone else to use it.12
But can Horton the Elephant appeal to squatter’s rights? He has, in fact, been squatting (literally, so he won’t crush it) on the egg for almost a year. In most areas, anywhere from five to fifteen years of possession are required before adverse possession can be invoked, so Horton probably hasn’t squatted long enough. But even if he had, Mayzie granted him permission. Squatter’s rights can only be invoked if the squatter has not received permission from the owner. Horton agreed to watch over the egg while Mayzie took a vacation. However, Mayzie has apparently abandoned the egg, for she “Decided she’d NEVER go back to her nest!” (Hatches). Perhaps a court might award squatter’s rights to Horton in a clear case of abandonment since he kept the egg from “spoiling.”
For Locke, the problem of taking more than one can use before it spoils seems to disappear after the concept of money, “a little piece of yellow metal, which would keep without wasting or decay,” is introduced.13 Money allows one to sell the fruit of one’s labor before it spoils, or even to sell one’s labor itself. And since money doesn’t spoil it seems there should be no limit on how much money one should be allowed to acquire. One can even make use of money after one is dead by leaving it to one’s heirs or by leaving specific instructions for its use in a will.
Money ushers in a need for an economic system to organize its transfer because some types of labor appear to be worth more than others. A free-market economy is one method by which one can determine the nominal value of labor or its fruits. Whatever price the buyer and seller are willing to agree upon is its nominal value. Adam Smith distinguishes this nominal monetary value, which can fluctuate with the market, from its real value, which is more Lockean in nature.