This two-month trip to Europe has allowed me to finish a couple of books that have been sitting on my TBR pile for too long, among which is John Julius Norwich's Short History of Byzantium. Lord Norwich is perhaps not my favorite historian, but I appreciate his ability to put together a coherent narrative for the thousand-year history of the Byzantine Empire, even if he himself didn't add any new scholarship to the subject. He also had a nice and catty turn of phrase, which livened up the books of his that I've read.
One of these bons mots came when Lord Norwich suggested that a Byzantine emperor nationalizing a certain industry amounted to socialism, avant la lettre. He was being cheeky, given that he was no fan of socialists or communists, but his joke points to something relevant beyond his target, which is the role of property rights in the concept of rule of law.
Lord Norwich's joke was that this emperor was nationalizing the means of production by taking over this industry. I take it as a fair point, although a government doesn't have to be socialist to ignore property rights - it just has to assume that every item of property in the country belongs to the government, which in this case can be a single monarch or junta.
It got me thinking about a concept I've been turning over in my head for a while (which I acknowledge is probably old hat to scholars who study this stuff professionally), which is that you can't have rule of law without well-defined property rights. In this case, I define rule of law as the idea that the law applies equally to everyone, whether that's the king, the president or the ruling council. Property rights, for my purposes, consist of the idea that certain items or intangibles don't belong to the government.
To put it another way, if there are no property rights, then effectively everything in a country belongs to the government, and you as a citizen (or subject, I suppose), legally own nothing. The government can take your house, your car or your laptop whenever it wants and there's nothing you can do about it. This means there's also no rule of law, because if the government owns everything then the law is whatever it says it is at that time. This is indeed a pretty good definition of the legal status in autocratic empires such as Rome and Byzantium, but probably also France under the absolute rule of Louis XIV or China under its Communist Party.
On the other hand, if there's a mechanism for a private citizen to obtain legal redress from the government for property being taken away, then that means the government's powers are limited, and rule of law becomes possible. More than that, there should then also be a well-defined legal basis for resolving disputes between individual citizens. I don't know anything about Roman or Byzantine law, but despite the voluminous legal codices put together by emperors such as Justinian I, I assume there wasn't any concept of individual rights as we understand it today. This is probably also how Napoleonic France approached things, despite having sprung out of the Revolution: I suspect that Napoleon was okay with liberty, fraternity and equality as long as he got to run everything - and take whatever he wanted from whoever he wanted.
Lord Norwich's joke may have been aimed at well-heeled Trotskyites of his acquaintance, but you can also argue that English history has been a slow crawl along that continuum from absolute power wielded by the strong, whose monopoly on state violence meant that if they really wanted your land, they could take it. Documents like the Magna Carta were the first steps toward the other end of the continuum, where the monarch and the state could be held accountable for injuries to individuals, even if the individuals they had in mind in 1215 were landowning nobles and other potentates.
It's not a long distance from these concepts to our modern understanding of what governments can do with their own citizens. Prior to the Second World War and the Holocaust, international law essentially suggested that a government could do whatever it wanted with its own citizens, whether they owed allegiance to the head of state or a duly elected government. When the Nazi government decided to massacre millions of its own Jewish, Roma, LGBTQ and disabled citizens, among others, the world community essentially decided that this state of affairs couldn't stand, and built mechanisms to hold accountable leaders (if not nations) who tried to do the same.
The success of these measure is debatable, but it's notable that the debate exists at all. Apparently, when an Armenian survivor of the 1915 genocide killed one of his Turkish oppressors, there was no legal framework to mitigate the charges against the Armenian, who was tried for murder. Now it seems logical to us that a crime like the Armenian Genocide or the Holocaust should be prosecutable - even if international law scholars would point out that there's still a lot more nuance than how lay people understand this question.
Anyway, this is how my brain works - John Julius Norwich makes a cheeky comment about socialist Byzantine Emperors, and I find my way straight through to absolutist monarchies, rule of law and crimes against humanity. All of which, it must be said, are questions that run straight through Byzantine history anyway, if in different contexts to our own. At any rate, all things being equal, I'd rather live in a society where the government can't just jack my shit with impunity, because that also means the government can't just shoot me and toss me in a ditch whenever it wants.
At any rate, if a government did that to me now, one hopes there would be some debate about whether it was justified. It's a big question, and one we've been trying to solve throughout human history.