Self-Ownership

Libertarian self-ownership views in the tradition of Locke, Nozick, and the left-libertarians have supposed that we enjoy very powerful deontological protections against infringing upon our property. Such a conception makes sense when we are focused on property that is very important to its owner, such as a person’s kidney. However, this stringency of our property rights is harder to credit when we consider more trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining (...) that our rights against all infringements are very powerful threatens to implausibly make such pollution and trivial risk broadly impermissible. This paper suggests that self-ownership views have tended to inappropriately conflate the seriousness of different types of infringements and that treating all infringements so seriously is implausible because it would make too much impermissible. I consider several ways to avoid this result within a self-ownership framework and conclude that the best approach is to allow that the strength of the protection against infringements should be tied to the seriousness of the harm of the infringement. (shrink)

One powerful argument against self-ownership is that it degrades personhood by leading individuals to view themselves and others as mere instrumental goods, alienable commodities to be exchanged in markets like other products and services. In general terms, this line of criticism (called the “commodification argument”) maintains that a direct and causal relationship exists between certain legal institutions (self-ownership) and certain attitudes (instrumentalism) and that the undesirability of the latter justifies restrictions on the former. In this article, I will critically examine (...) Margaret Jane Radin’s book Contested Commodities (1996), which presents a well-developed, compelling version of the commodification argument. I will advance three central points over the course of the article: first, the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, the commodification argument does little independent moral work, tending instead to be parasitic on arguments against economic, racial, and gender inequality; and third, what independent moral work it does do seems to be directed not so much at self-ownership as at liberal neutrality. I will conclude by showing that the weaknesses of Radin’s diverse defenses of the commodification argument cast doubt upon the anticommodificationist enterprise as a whole. (shrink)

This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist theory places (...) very stringent restrictions on both the amount of unappropriated resources each person has a right to appropriate and the use they can make of those appropriated resources. The conclusion of my argument can be either used as a premise in a modus tollens argument to be used against natural-right theories of property rights or as a premise in a modus ponens argument in favour of a broadly left-libertarian theory. (shrink)

Many libertarians assume that there is a close relation between an individual’s self-ownership and her freedom. That relation needs questioning. In this article it is argued that, even in a pre-property state, self-ownership is insufficient to protect freedom. Therefore, libertarians who believe in self-ownership should either offer a defense of freedom that is independent from their defense of self-ownership, make it explicit that they hold freedom as second to self-ownership (and defend that position), or reconsider the moral basis of their (...) political views. (shrink)

Citation: Marina Christodoulou, “I Own therefore I Am. The Ontology of Property”, In Why Does What Exists Exist? Some Hypotheses on the Ultimate “Why” Question, edited by Mariano L. Bianca,Paolo Piccari. Cambridge Scholars Publishing, 2021, pp. 169-182. Contributors: Mariano L. Bianca, Konstantinos Boultzis, Marina Christodoulou, Maurizio Ferraris, Marco G. Giammarchi, Enrico Guglielminetti, Roberta Lanfredini, Fabio Minazzi, Crister Nyberg, Paolo Piccari, Paolo Rossi. ISBN (10): 1-5275-6294-8; ISBN (13): 978-1-5275-6294-3 -/- -------------- -/- The concept of Property is what attaches us to Existence, (...) Property, and Life, instead of non-existence, non-Being and Non-life (or Death). I occupy, I possess, I own, therefore I am, therefore I exist. I own a body, therefore, I am a being; I also own a self, therefore I am. -/- What exists exists because we have the notion, the concept, the idea, the habit of property and of ownership. There is something rather than nothing because we own it. Why private property? Because we have the notion, the concept, the idea, the habit of property and of ownership. There is private property because we need to own things, including ourselves, and we need to own because we need to sign and vice versa. (shrink)

O conceito de self-ownership é frequentemente utilizado nos campos da Ética e da Filosofia Política para justificar ou negar a justeza de determinadas situações, atos ou práticas. As críticas a tal conceito são predominantemente focadas em seus corolários. No presente artigo a análise se concentra sobra as condições de possibilidade da existência de uma relação de propriedade de si mesmo – auto-propriedade – procurando-se demonstrar a impossibilidade de tal relação pela ausência de multiplicidade de elementos que possam constituir um proprietário (...) e uma propriedade. A propriedade de si mesmo é fundada em um dualismo ontológico, cuja ilusão procura se respaldar na percepção de si como um outro na constituição da identidade e na confusão da relação genitiva com uma relação de propriedade. (shrink)

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...) and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what emerges as the most (...) viable version of it, and assesses the extent to which this version conflicts with gene-patenting practices as exemplified by the U.S. regime. It concludes that the genome is best thought of as a repository of information to which humanity has a fiduciary relationship, and that on this view, the perceived conflict with gene-patenting largely dissolves. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between law (...) and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)

In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..

At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...) the state of nature to civil society. I then briefly point out how bringing this concept back to the fore could help to illuminate the current discussion on the foundations of basic human rights, and to evaluate cases where these seem to clash with property rights. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, founded (...) on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

Je m’interroge dans cet article sur les implications du principe libertarien de la pleine propriété de soi sur la question du rapport moral à soi-même. À travers le principe de la pleine propriété de soi, les libertariens défendent la liberté entière de chacun de vivre comme il l’entend, pourvu que les droits des autres soient respectés. Apparemment, ce principe n’a pas grand-chose à nous dire sur ce que nous sommes moralement autorisés à nous faire à nous-mêmes ou non. Certains libertariens, (...) comme Vallentyne, soutiennent toutefois que le principe de la pleine propriété de soi est incompatible avec l’existence de devoirs envers soi. La pleine propriété de soi impliquerait l’indifférence morale du rapport à soi. Je soutiens dans cet article que le principe de la pleine propriété de soi n’implique pas que ce que nous nous faisons à nous-mêmes soit moralement indifférent. Je veux aussi montrer que même si les libertariens, et en particulier Vallentyne, soutiennent la thèse de l’indifférence morale du rapport à soi, celle-ci n’est pas liée à la thèse de la pleine propriété de soi, mais bien plutôt à leur subjectivisme moral. (shrink)

Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-ownership--control self-ownership (CSO)--for both market and nonmarket organ-allocation mechanisms. The (...) paper contends that CSO rules out a large set of nonmarket mechanisms, including escheatage ("presumed consent"), compensated takings of organs, and restricted gifting. It also argues that CSO, if accompanied by an economistic concern for welfare, can underwrite varying types of markets in human organs, ranging from mutual-insurance pools to inter vivos (i.e., live donor) organ sales. (shrink)

In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the incidents (...) (or components) of self-ownership, with liberals arguing for a narrow definition of the concept and libertarians arguing for a broad one. By using what Alan Ryan has called the “language of proprietorship,” I pinpoint precisely the source of the disagreement between liberals and libertarians and assess the relative strengths of their arguments. I also show that the respective definitions of self-ownership used by liberals and libertarians are deeply problematic—though for strikingly different reasons. (shrink)

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)