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EMBODIMENT AND SELF-OWNERSHIP
Published online by Cambridge University Press: 04 January 2010
Abstract
Many libertarians believe that self-ownership is a separate matter from ownership of extra-personal property. “No-proviso” libertarians hold that property ownership should be free of any “fair share” constraints (e.g., the Lockean Proviso), on the grounds that the inability of the very poor to control property leaves their self-ownership intact. By contrast, left-libertarians hold that while no one need compensate others for owning himself, still property owners must compensate others for owning extra-personal property. What would a “self” have to be for these claims to be true? I argue that both of these camps must conceive of the boundaries of the self as including one's body but no part of the extra-personal world. However, other libertarians draw those boundaries differently, so that self-ownership cannot be separated from the right to control extra-personal property after all. In that case, property ownership must be subject to a fair share constraint, but that constraint does not require appropriators to pay compensation. This view, which I call “right libertarianism,” differs importantly from the other types primarily in its conception of the self, which I argue is independently more plausible.
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References
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26 Likewise, Edward Feser argues that in order for one's use of some extrapersonal good to be protected as a matter of justice, one must have already engaged with that good so as to transform it in some significant way. See Feser, Edward, “There Is No Such Thing as an Unjust Initial Acquisition,” Social Philosophy and Policy 22, no. 1 (2005): 56–80, at 61–67CrossRefGoogle Scholar.
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37 Narveson, “Original Appropriation,” 219. Here he fares better than Rothbard (The Ethics of Liberty, 99–100), who holds that parents own their children, although this ownership must be temporary and of a “trustee” sort, since “it surely would be grotesque for a libertarian who believes in the right of self-ownership to advocate the right of a parent to murder or torture his or her children.” Fair enough, but of course the whole question is whether children are self-owners in the first place.
38 See Mack, “The Self-Ownership Proviso,” 186, 189, 201.
39 See Rothbard, The Ethics of Liberty, chapter 6.
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56 Mack, “Self-Ownership and the Right of Property,” esp. 534.
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58 This strong separation of self-ownership and extrapersonal ownership is particularly clear in Vallentyne, Peter, Steiner, Hillel, and Otsuka, Michael, “Why Left-Libertarianism Is Not Incoherent, Indeterminate, or Irrelevant: A Reply to Fried,” Philosophy and Public Affairs 33, no. 2 (2005): 201–15, at 201, 208–9CrossRefGoogle Scholar, who note that the egalitarian dimension of left-libertarianism is distinct from its libertarian dimension (i.e., self-ownership), and that these two dimensions are based on respect for the moral status of different things (things and persons, respectively).
59 This amounts to what Vallentyne (“Libertarianism”) calls “unilateralist” left-libertarianism. I shall not discuss the non-unilateralist alternative of joint world ownership, since it is generally—and, I think, rightly—held to be inconsistent with self-ownership; see, e.g., Cohen, G. A., Self-Ownership, Freedom, and Equality (Cambridge: Cambridge University Press, 1995)CrossRefGoogle Scholar; Mack, “Self-Ownership, Marxism, and Egalitarianism, Part II,” 243–44, 250–51; and Vallentyne, “Libertarianism.” For a dissenting view, see Jedenheim-Edling, Magnus, “The Compatibility of Effective Self-Ownership and Joint World Ownership,” Journal of Political Philosophy 13, no. 3 (2005): 284–304CrossRefGoogle Scholar.
60 We can therefore set aside Steiner's worries (An Essay on Rights, 249–61) about giving a Hohfeldian analysis of the right of bequest as a right of deceased persons; for even if there turned out to be no such thing as a right of bequest, it would follow only that one could not make compensation for removing goods from the commons by giving up that right. It would not show that no such compensation is called for.
61 Steiner, An Essay on Rights, 235–36.
62 See also Vallentyne, Steiner, and Otsuka, “Why Left-Libertarianism Is Not Incoherent,” 209: Steiner holds “that unchosen germ-line genetic information is a natural resource and thus among the items subject to egalitarian ownership.”
63 Steiner, An Essay on Rights, 277.
64 See Hursthouse, Rosalind, “Virtue Theory and Abortion,” Philosophy and Public Affairs 20, no. 3 (1991): 223–46Google ScholarPubMed.
65 Van Parijs, Real Freedom for All, 22–25.
66 Ibid., 9.
67 Ibid., 38.
68 To put this another way, a world in which ownership is constrained by agent-neutral welfarist values is not safe for self-owners. See Mack, “Self-Ownership and the Right of Property”; Mack, Eric, “Agent-Relativity of Value, Deontic Restraints, and Self-Ownership,” in Frey, R. G. and Morris, Christopher W., eds., Value, Welfare, and Morality (New York: Cambridge University Press, 1993)Google Scholar; and Mack, Eric, “Moral Individualism and Libertarian Theory,” in Machan, Tibor R. and Rasmussen, Douglas B., eds., Liberty for the Twenty-First Century: Contemporary Libertarian Thought (Lanham, MD: Rowman and Littlefield, 1995)Google Scholar.
69 Mack, “Self-Ownership and the Right of Property,” 532–33; emphasis in the original. See also Mack, “The Self-Ownership Proviso,” 199.
70 See esp. Mack, “Self-Ownership, Marxism, and Egalitarianism, Part II,” and Mack, “The Self-Ownership Proviso.”
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74 See also Mack, “Self-Ownership and the Right of Property.”
75 I thank Ed Feser and Fred Miller, respectively, for raising these queries.
76 Narveson, “Original Appropriation,” 225 n. 2.
77 I thank Dave Schmidtz for raising this concern, and for the thought experiment.
78 I thank Tom Christiano for raising this concern.
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