Alright, so rights aren't magical things that come from God or nature or anything else. They're just whatever two or more people think they ought to be. They don't exist outside a social context. I agree with that.
The problem I have with AnCap is property rights.
I'm going to tell a story now.
Say I'm on an island all by myself, living happily and minding my own business. I catch fish, eat the coconuts, life is alright. I've never seen another person so I've never thought about what I have a right to or not. No concept of rights whatsoever. I just take and use whatever I want however I want.
One day, after a big storm, some wreckage washes up on the island. Lo! Amidst the wreckage, there emerges a person! We'll call him George. I'm pretty stoked since I've never seen another person before.
So I show George around, everything's cool, we get along, so on. Time goes by. Then one day, I go out to catch some fish, bring 'em in and stick 'em on the fire to roast for a bit while I go grab some coconuts. On my return, I'm alarmed to find someone has filched my fresh fish fillet! And then I see George, happily gorging himself on my fish.
"George," I say, "this won't do. You've pinched my pollock!"
"Yours?" George inquires innocently.
"Yes, mine! I caught the fish, so it is mine to eat, not yours. You wouldn't want me to take the fish you had caught, would you?"
"Oh. I hadn't thought about it. I suppose I wouldn't," replied George.
"Okay then, I'll catch and eat my own fish, and you yours."
And so it was that George and I established that we each have a right to the product of our labor. And all was right with the world.
Until the day I got greedy. Did I mention the only source of fresh water on the island is a small spring? One day I was watching George drink from the spring, and thought to myself, "you know, what right does he have to drink from the spring? After all, I was here first, I discovered it, I was using it before he ever showed up. It's
my spring, not
his."
I decided I'd tell George to that he couldn't drink from my spring.
"But but," George objected obnoxiously, "what will I drink? I will die if I do not drink!"
"Well," I responded indignantly, "that's not my problem." What can I say, I was feeling like an asshole that day.
Then, suddenly, a lightbulb went off in my head!
"Although..." I begun, "perhaps I could allow you to drink from my spring in exchange for something..."
George looked at me with a sudden fearful expression in his eyes.
"Oh god please don't say sexual favors... that's what happened on the
last island I escaped from!"
...Okay, he did't really say that.
But what I said was: "Look, if you bring me fish, I'll let you have water from spring."
And so it was, begrudgingly, facing the choice between dying of thirst or becoming my servant in perpetuity, George, his shoulders slumping forlornly, his eyes cast down, agreed to my terms.
And that's the story of how I got all the free fish I wanted, for no work on my part, just by virtue of owning something that someone else couldn't do without.
It's good to be a capitalist.
That's my story. I hope you enjoyed it.
And that's my basic issue with property rights, as defined in AnCap/propertarianism. Interactions are voluntary in instances like these only insofar as the non-owner has the "choice" between doing what the property owner says on one hand, or starvation/destitution/death on the other. The reality is that situations like these happen
all the time in the real world. I'm sure you'll point to the state as enabling and/or being complicit, but can you honestly tell me that it wouldn't happen as often in the absence of the state?
I have no great love or attachment to the state, but I see the unequal distribution of power and resources as an inevitable byproduct of capitalism, and insofar as the state mitigates the most deleterious effects (via "welfare state" policies) it is useful. Perhaps we'd all be better off in an anarchistic society after all, but as you yourself have admitted, it's not happening anytime soon. And as long as it doesn't, I stand in favor of policies that
legitimately help those most in need. If that necessitates some abrogation of the rights (socially defined, remember) of those of lesser need, so be it.
I should mention that I'm not some flaming liberal here - I try to be fundamentally pragmatic rather than dogmatic, and to that extent I find some libertarian economic ideas compelling, e.g., Milton Friedman's
NIT, basic income as supported by FA Hayek, or the land value tax of
Geolibertarianism.