> theories of rights still exist in the absence of laws.
Sure, everyone had their own theory of rights. And if by people acting to defend their property you mean “people will fight to secure access to those things to which their own personal theory of rights holds them to be entitled”, well, you’ll notice that's exactly what I described, but not at all what people mean when discussing “property” normally.
Sure. But there is such a thing as a group of people with similar theories of right, or negotiated theories of rights. An example might be a not-entirely-tyrannical tribe.
Our current systen descends from such things.
Sure, everyone had their own theory of rights. And if by people acting to defend their property you mean “people will fight to secure access to those things to which their own personal theory of rights holds them to be entitled”, well, you’ll notice that's exactly what I described, but not at all what people mean when discussing “property” normally.