Property, Persons, Boundaries: The Argument from Other-Ownership
Social Theory and Practice 37 (2):189-210 (2011)
| Abstract | A question of interpersonal sovereignty dating back to the early modern era has resurfaced in contemporary political philosophy: viz. Should one individual have, prior to any consent, property rights in another person? Libertarians answer that they should not – and that this commitment requires us to reject all positive duties. Liberal-egalitarians largely agree with the libertarian’s answer to the question, but deny the corollary they draw from it, arguing instead that egalitarian regimes do not require other-ownership. Drawing on recent property theory I argue the libertarians are wrong that positive duties necessarily imply other-ownership, and the egalitarians are wrong that egalitarian entitlements largely avoid other-ownership. Instead, a prohibition on other-ownership guides us towards a middling political position, both allowing and constraining our positive duties and liabilities to others. I conclude by suggesting that a prohibition on other-ownership creates an attractive boundary condition for property in general. | |||||||||
| Keywords | Property Rights Self-Ownership Robert Nozick John Locke John Rawls | |||||||||
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John Hadley (2005). Excluding Destruction. Philosophy in the Contemporary World 12 (2):22-29.
Jeremy Waldron (1990). The Right to Private Property. Clarendon Press.
Lea Ypi (2011). Self-Ownership and the State: A Democratic Critique. Ratio 24 (1):91-106.
Hugh Breakey (2011). Two Concepts of Property: Ownership of Things and Property in Activities. Philosophical Forum 42 (3):239-265.
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Peter Vallentyne (2001). Self-Ownership. In Laurence Becker & Charlotte Becker (eds.), Encyclopedia of Ethics, 2nd edition. Garland Publishing.
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