Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian (...) self-ownership framework. I argue that all of these responses are significantly flawed. (shrink)

In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace (...) capitalism and the inequality that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism. (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)

The self-ownership thesis asserts, roughly, that agents own their minds and bodies in the same way that they can own extra-personal property. One common strategy for defending the self-ownership thesis is to show that it accords with our intuitions about the wrongness of various acts involving the expropriation of body parts. We challenge this line of defense. We argue that disgust explains our resistance to these sorts of cases and present results from an original psychological experiment (...) in support of this hypothesis. We argue further that learning that disgust is responsible for pro-self-ownership intuitions should reduce our confidence in those intuitions. After considering and rejecting some prominent “debunking” arguments predicated on disgust’s evolutionary history, we provide alternative reasons for thinking that disgust is not a reliable source of moral judgments. Rejecting the reliability of disgust as a mechanism for producing moral beliefs coheres with our considered judgments about the general kinds of considerations that are morally relevant and a range of particular moral problems. (shrink)

David Sobel has recently argued that libertarian theories that accept full and strict self-ownership as foundational confront what he calls the conflation problem: if transgressing self-ownership is strictly and stringently forbidden, it is implied that the normative protection against one infringement is precisely as strong as against any other infringement. But this seems to be an absurd consequence. In defense of libertarianism, I argue that the conflation problem can be handled in a way that allows us (...) to honor basic libertarian commitments. It is suggested libertarianism should be characterized as presumptive libertarianism, treating self-ownership as an assumption the content of which remains to be worked out when applied, rather than as a dogma ready for application: a proposal that relies on a standard market model. Since such a proposal is likely to appear to many philosophers—libertarians in particular—as inherently flawed, a considerable part of this article defends it against possible criticisms. It is argued that presumptive libertarianism is not only a coherent and theoretically elegant notion, but a version of libertarianism that honors pre-theoretical commitments to self-ownership and liberty better than some mainstream versions of libertarianism. (shrink)

The libertarian view of freedom has attracted considerable attention in the past three decades. It has also been subjected to numerous criticisms regarding its nature and effects on society. G. A. Cohen''s recent book, Self-Ownership, Freedom and Equality, continues this attack by linking libertarian views on freedom to their view of self-ownership. This paper formulates and evaluates Cohen''s major arguments against libertarian freedom and self-ownership. It contends that his arguments against the libertarian rights definition (...) of freedom are inadequate and need modification. Similarly, Cohen''s defense of restrictions on self-ownership on behalf of autonomy are also found wanting. Finally, I argue that the thesis of self-ownership (whether in its full or partial version) ought to be rejected. (shrink)

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)

Left-libertarianism is a version of Lockean libertarianism that combines the idea that each person is the full rightful owner of herself and the idea that each person should have the right to own a roughly equal amount of the world's resources. This essay argues against left-libertarianism. The specific target is an interesting form of left-libertarianism proposed by Michael Otsuka that is especially stringent in its equal world ownership claim. One criticism advanced is that there is more tension than Otsuka (...) acknowledges between private ownership of self and equal ownership of the world. This emerges once one notices that self-ownership should not be conceived merely in a thin, formal way but also as a thicker substantive insistence on wide individual freedom. A second criticism is that in other respects the formal idea of self-ownership that Otsuka and other left-libertarians embrace is an extreme doctrine that merits rejection. (shrink)

1. The present paper is a continuation of my “Self-Ownership, World Ownership, and Equality,” which began with a description of the political philosophy of Robert Nozick. I contended in that essay that the foundational claim of Nozick's philosophy is the thesis of self-ownership, which says that each person is the morally rightful owner of his own person and powers, and, consequently, that each is free to use those powers as he wishes, provided that he does (...) not deploy them aggressively against others. To be sure, he may not harm others, and he may, if necessary, be forced not to harm them, but he should never be forced to help them, as people are in fact forced to help others, according to Nozick, by redistributive taxation. (shrink)

Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation (...) and forced labor are serious wrongs even when they generate more equitable outcomes or benefit the greater good. I argue that, when SO is coupled with LP, this appeal is unfounded. SO, as usually construed, allows for the possibility of justified incursions of non-culpable agents up to and including forced organ donation. I conclude by considering a few possible responses on behalf of the libertarian, assessing each one’s plausibility. (shrink)

:Self-ownership has fallen out of favor as a core moral and political concept. I argue that this is because the most popular conception of self-ownership, what I call the property conception, is typically linked to a libertarian political program. Seeing self-ownership and libertarianism as being necessarily linked leads those who are not inclined toward libertarianism to reject the idea of self-ownership altogether. This, I argue, is a mistake. Self-ownership is a (...) crucial moral and political concept that can earn its keep if we understand it not as type of property right in the self, but rather as a set of territorial rights one has over one’s body. This territorial conception of self-ownership, which I call the sovereignty conception of self-ownership, avoids the traditional arguments raised against the property conception of self-ownership and has other benefits besides. Accepting this conception of self-ownership, I argue, has considerable moral and political benefits without taking on the costs associated with other forms of self-ownership. (shrink)

In this essay I propose to explicate and defend a new and improved version of a Lockean proviso—the self-ownership proviso . I shall presume here that individuals possess robust rights of self-ownership. I shall take it that each individual has strong moral claims over the elements which constitute her person, e.g., her body parts, her talents, and her energies. However, in the course of the essay, I shall be challenging what I take to be the standard (...) conception of self-ownership and proposing an enrichment of that conception. The SOP is presented and in part justified as an implication of the right of self-ownership as it is more richly conceived—hence its designation as the self-ownership proviso. As an implication of the right of self-ownership which is also compatible, in theory and practice, with extensive and robust private property rights, the SOP is offered as an integral element of classical-liberal political theory. (shrink)

I argue that agent-centered options to favor and sacrifice one’s own interests are grounded in a particular aspect of self-ownership. Because you own your interests, you are entitled to a say over how they are used. That is, whether those interests count for or against some action is, at least in part, to be determined by your choice. This is not the only plausible argument for agent-centered options. But it has some virtues that other arguments lack.

This two-part article offers a defense of a libertarian doctrine that centers on two propositions. The first is the self-ownership thesis according to which each individual possesses original moral rights over her own body, faculties, talents, and energies. The second is the anti-egalitarian conclusion that, through the exercise of these rights of self-ownership, individuals may readily become entitled to substantially unequal extra-personal holdings. The self-ownership thesis remains in the background during Part I of this (...) essay, while the anti-egalitarian conclusion is supported in two ways. First, I offer a reconstruction of Robert Nozick's well-known `How Liberty Upsets Patterns' argument against all end-state and pattern theories of distributive justice; and I defend this reconstructed stance against what might (otherwise) seem to be telling criticisms. Second, I defend the two key principles of Nozickian historical entitlement theory (the principle of just transfer and the principle of just initial acquisition) against criticisms offered by G.A. Cohen. Part II will center on Cohen's contention that the crucial basis for the anti-egalitarian conclusion is the self-ownership thesis. There I argue that Cohen is correct to hold that he must reject the self-ownership thesis if he is to avoid the anti-egalitarian conclusion; but he is wrong to think that he has an adequate basis for rejecting this thesis. Thus, both elements in the libertarianism under consideration are vindicated. And, the self-ownership thesis plays a surprisingly direct role in vindicating the anti-egalitarian conclusion. Key Words: egalitarianism • historical entitlement • moral rights • self-ownership. (shrink)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be (...) inferred from the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. Key Words: autonomy • distributive justice • egalitarianism • exploitation • Lockean proviso • self-ownership • slavery. (shrink)

This two-part article offers a defense of a libertarian doctrine that centers on two propositions. The first is the self-ownership thesis according to which each individual possesses original moral rights over her own body, faculties, talents, and energies. The second is the anti-egalitarian conclusion that, through the exercise of these rights of self-ownership, individuals may readily become entitled to substantially unequal extra-personal holdings. The self-ownership thesis remains in the background during Part I of this (...) essay, while the anti-egalitarian conclusion is supported in two ways. First, I offer a reconstruction of Robert Nozick's well-known `How Liberty Upsets Patterns' argument against all end-state and pattern theories of distributive justice; and I defend this reconstructed stance against what might seem to be telling criticisms. Second, I defend the two key principles of Nozickian historical entitlement theory against criticisms offered by G.A. Cohen. Part II will center on Cohen's contention that the crucial basis for the anti-egalitarian conclusion is the self-ownership thesis. There I argue that Cohen is correct to hold that he must reject the self-ownership thesis if he is to avoid the anti-egalitarian conclusion; but he is wrong to think that he has an adequate basis for rejecting this thesis. Thus, both elements in the libertarianism under consideration are vindicated. And, the self-ownership thesis plays a surprisingly direct role in vindicating the anti-egalitarian conclusion. (shrink)

Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s (...) conceptions of freedom, self-ownership, and an egalitarian share of the world’s natural resources, insofar as the right to equal freedom implies the right to self-ownership and to an egalitarian share of the world’s natural resources, it is incompatible with equality. (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)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be (...) inferred from the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. (shrink)

이 글의 목적은 자기 소유권에 관한 기존 자유주의 전통의 재산 개념과 공화주의 전통의 평등 개념에 더해 세 번째 개념으로서 책임 개념을 제안하고 그 의미를 보여주는 것이다. 이 제안과 의미에 관한 논의는 민주적 의사결정 주체의 정체성과 관련하여 이루어진다. 민주적 의사결정 주체란 자기가 따라야 하는 정치 공동체의 의사결정을 스스로 만들어 내는 주체를 말한다. 자유주의와 공화주의 전통은 자기 소유권을 각각 재산 개념과 평등 개념으로 해석하고, 나름대로 민주적 의사결정의 주체를 발전시키는 데 이바지해 왔다. 그러나 민주적 의사결정 주체의 이상적 정체성을 완성하는 일에는 일정한 한계를 보이고 (...) 있는데, 그 한계는 자기 소유권을 책임 개념으로 새롭게 해석함으로써 극복될 수 있다고 이 글은 설명 및 주장한다. (shrink)

Writers of very different persuasions have relied on arguments about self-ownership; in recent years, it is libertarians who have rested their political theory on self-ownership, but Grotian authoritarianism rested on similar foundations, and, even though it matters a good deal that Hegel did not adopt a full-blown theory of self-ownership, so did Hegel's liberal-conservatism. Whether the high tide of the idea has passed it is hard to say. One testimony to its popularity was the (...) fact that G. A. Cohen for a time thought that the doctrine of self-ownership was so powerful that an egalitarian like himself had to come to terms with it; but he has since changed his mind. I have tackled the topic of self-ownership glancingly elsewhere, but have not hitherto tried to pull together the observations I have made in passing on those occasions. The view I have taken for granted and here defend is that self-ownership is not an illuminating notion—except in contexts that are unattractive to anyone of libertarian tastes. (shrink)

The concept of self-ownership was first articulated in anglophone political thought in the decades between the outbreak of the English Civil War and the Glorious Revolution. This book traces the emergence and evolution of self-ownership over the course of this period, culminating in a reinterpretation of John Locke's celebrated but widely misunderstood idea that "every Man has a Property in his own Person." Often viewed through the prism of libertarian political thought, self-ownership has its (...) roots in the neo-Roman or republican concept of liberty as freedom from dependence on the will of another. As Lorenzo Sabbadini reveals, seventeenth-century writers believed that the attainment of this status required not only a specific kind of constitution but a particular distribution of property as well. Many regarded the protection of private property as constitutive of liberty, and it is in this context that the vocabulary of self-ownership emerged. Others expressed anxieties about the corrupting effects of excessive concentrations of wealth or even the institution of private property itself. Bringing together canonical republican writers such as John Milton and James Harrington, lesser-known pamphleteers, and Locke, a theorist generally regarded as being at odds with neo-Roman thought, Property, Liberty, and Self-Ownership in Seventeenth-Century England is a bold, innovative study of some of the most influential concepts to emerge from this groundbreaking period of British history. "This book is a major achievement, offering a novel and highly original account of property and liberty in seventeenth-century English republican thought. It is a brilliant piece of scholarship that makes an important contribution to the history of early modern political thought." Markku Peltonen, University of Helsinki. (shrink)

SummaryThis paper scrutinises early modern thinking about our moral relations to ourselves. It begins by reiterating the too-often-ignored point that full self-ownership was not a position defended in Britain—by Locke or anyone else. In fact, the actual early modern positions about the moral relations we have to ourselves have been obscured by our present-day interest in self-ownership. The paper goes on to organise the moral history of the self by examining the reasons available for prohibiting (...) self-harm. Those reasons typically had their source in God, self, and others. Major divisions in the period arose over which kinds of reasons could be invoked and why. The defining feature of this intellectual landscape was the debate between ‘other-regarding’ and ‘dignity’ theorists, who differed over the moral status of the self and over its importance as a source of moral reasons. More dramatically and controversially, various freethinkers and sceptics questioned the importance of God as a source of prohibitions for self-harm. After offering an interpretation of this history, the paper concludes by noting some connections and contrasts between early modern and present-day moral and political philosophy on the moral status of the self. (shrink)

:This essay explores the meaning and normative significance of Locke’s depiction of individuals as proprietors of their own person. I begin by reconsidering the long-standing puzzle concerning Locke’s simultaneous endorsement of divine proprietorship and self-ownership. Befuddlement vanishes, I contend, once we reject concurrent ownership in the same object: while God fully owns our lives, humans are initially sole proprietors of their own person. Locke employs two conceptions of “personhood”: as expressing legal independence vis-à-vis humans and moral accountability (...) vis-à-vis God. Humans own their person in the first sense. As original proprietors of their own person, individuals are entitled to subject themselves to self-chosen authorities, thereby incurring obligations of obedience. But they may not choose just any authority. Divine ownership of human life delimits personal self-ownership by restricting the ways in which humans can dispose of their persons: we cannot possibly consensually subject ourselves to absolute and arbitrary power. Locke’s rights-forfeiture theory for crime makes slavery and despotism nonetheless potentially rightful conditions. I argue that, paradoxically, divine dominium of human life underpins both the impermissibility of voluntary enslavement and the justifiability of penal slavery. My analysis helps explain why modern Lockean theories of self-ownership that reject Locke’s theological premises have adopted an ambiguous stance toward despotic rule. (shrink)

In the first two chapters, Cohen deals with justice, freedom, and equality without mention of self-ownership, offering a devastating critique of the libertarian claim that despite great economic inequality, laissez-faire capitalism is the most just society because it is the most free. The assumption, made by liberals as well as libertarians, that we have to choose between liberty and equality fails to acknowledge that a system based on large-scale private property entails the unfreedom of the majority without property. (...) Cohen shows the libertarian claims to rest on circularity and on abuse of the ordinary language of freedom. (shrink)

Libertarians often invoke the principle of self-ownership to discredit distributive interventions authorized by the more-than-minimal state. But if one takes a democratic approach to the justification of ownership claims, including claims of ownership over oneself, the validity of the self-ownership principle is theoretically inseparable from the normative justification of the state. Since the idea of the state is essential to the very assertion (not just the positive enforcement) of the principle of self-ownership, (...) invoking the principle to discredit a distribution of ownership authorized by the state commits libertarians also to weakening that principle's validity. Put differently, appealing to the self-ownership principle to circumscribe the state's power to distribute property is problematic when the state is necessary to assert the validity of that principle. This is because anytime the self-ownership principle is used to undermine a state-based distribution of property it is also implicitly eroding the ground for asserting its own validity.1. (shrink)

I thank the members of the Law and Philosophy Discussion Group in Los Angeles and those who attended a talk sponsored by the philosophy department at New York University, where I presented earlier versions of this paper. I would also like to thank G. A. Cohen, Stephen Munzer, Seana Shiffrin, Peter Vallentyne, Andrew Williams, and the editors of Philosophy & Public Affairs, who read and provided written commentary on earlier drafts.

Material property has traditionally been conceived of as separable from its owner and thus alienable in an exchange. So it seems that you could sell your watch or even your kidney because it can be removed from your wrist or abdomen and transferred to another. However, if we are each identical to a living human animal, self‐ownership is impossible for self‐separation is impossible. We thus cannot sell our parts if we don't own the whole that they compose. (...) It would be incoherent to own all of your body's parts but not the whole body; and it would be arbitrary to own some but not all of your removable parts. These metaphysical obstacles to organ sales do not apply to the selling of the organs of the deceased. The human being goes out of existence at death and is not identical to the body's remains. Any objections to selling the organs of the deceased must instead be due to dignity rather than metaphysical or conceptual considerations. But the remains lack the intrinsic dignity of the human being, instead possessing, at best, relational dignity. Relational dignity would not provide sufficient reason to prohibit life‐saving sales. (shrink)

This paper raises three concerns regarding self-ownership rhetoric to describe autonomy within healthcare in general and reproductive justice in specific. First, private property and the notion of “ownership” embedded in “self-ownership,” rely on and replicate historical injustices related to the initial acquisition of property. Second, not all individuals are recognized as selves with equal access to self-ownership. Third, self-ownership only justifies negative liberties. To fully protect healthcare access and reproductive care in (...) specific, we must also be able to make claims on others to respect, protect, and fulfill our positive rights. As much as nondomination remains an urgent demand for reproductive rights, it does not go far enough to ensure reproductive justice. (shrink)

:In this essay I attempt to vindicate the “asymmetry thesis,” according to which ownership of one’s own body is intrinsically different from ownership of other objects, and the view that self-ownership, as libertarians normally understand the concept, enjoys a special “fact-insensitive” status as a fundamental right. In particular, I argue in favor of the following claims. First, the right of self-ownership is most plausibly understood as based on the more fundamental notion of respect for (...) persons, where the concept of a person is in turn understood, along the lines set out by P. F. Strawson and P. M. S. Hacker, as referring to an entire biological organism with a certain set of mental and corporeal characteristics. If we restrict our attention to human persons, we can say on this basis that there is a special moral status attaching to the entire human body, and to no more than the human body. Second, self-ownership is not, as critics have sometimes supposed, based on a more fundamental right to equal freedom or autonomy. Criticisms of self-ownership as insufficiently justified on the basis of such rights are therefore off target. Rather, equal freedom and self-ownership are each based directly on the more fundamental notion of respect for persons. For left-libertarians, the asymmetry thesis serves to give priority to self-ownership when delineating a set of original property rights, given that there are many alternative ways of realizing equal freedom not all of which involve fully respecting people’s property rights in themselves. (shrink)

Self-Ownership, Liberal Neutrality and the Realm of Freedom: New Reflections on the Justification of Basic Income. A review of Axel Gosseries and Yannick Vanderborght (eds), Arguing about Justice: Essays for Philippe Van Parijs.

A question that has recently attracted considerable attention is this: What is the nature and significance of the normative relationship a person bears to herself ? On one view, it is held that persons are self-owners : as Locke put it in one of the more famous passages in the Second Treatise : [E]very man has a property in his own person : this no body has any right to but himself. The labour of his body, and the work (...) of his hands, we may say, are properly his. (shrink)

Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self- (...) class='Hi'>ownership cannot ground the constraint on property use that Mack, Feser, and Russell think that it can. (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)

In this paper, I argue that the appeal of a principle of self-ownership is grounded in the specially intimate relationship that each of us has with our body. I argue that once we appreciate the source of the appeal of a claim of self-ownership, we can see how a differently shaped set of strong rights over our body can do justice to the considerations that ground this appeal, without committing us to the most controversial implications of (...) a claim of self-ownership. (shrink)

Doctors have been placed in an anomalous position by abortion laws which sanction the termination of a fetus while in a woman's womb, yet call it murder when a physician attempts to end the life of a fetus which has somehow survived such a procedure. This predicament, the doctors' dilemma, can be resolved by adopting a strategy which posits the right to ownership of one's own body for human beings. Such an approach will generate a consistent policy prescription, one (...) that sanctions the right of all pregnant women to abortions, yet grants the fetus, after it becomes viable as a potentially independent person, a right to its own body. The doctors' dilemma is surmounted, then, by requiring that abortions of viable fetuses be performed in a manner that will produce a live delivery. Hence, infanticide and termination of viable fetuses are proscribed. (shrink)

The prelims comprise: Introduction The Self‐ownership Paradox Solving the Paradox Acknowledgments.

:In this essay I examine restrictions on labor as takings of property: a liberty to work is property, and restrictions of that liberty are takings. I set property in one’s labor within a unified framework for all forms of property, understood as a social institution for balancing two freedoms: freedom to act even if it interferes with someone else, and freedom from interference. As such, property includes not only possession but also use and disposition. To restrict use or disposition is (...) to alter those freedoms, which is a taking of property, including property in one’s labor. I understand such takings to be justified insofar as they benefit the persons whose freedoms are altered, taking up the question of when restrictions on use and disposition of labor are to the benefit or the harm of excluded workers. Appreciating that labor is property, and that restrictions on labor are takings, reframes the justificatory burden that restrictions on labor must bear. And where that justification is lacking, this approach reframes the nature of the wrongs that unjustified restrictions perpetrate, especially against the most vulnerable workers. (shrink)

G.A. Cohen was perhaps libertarianism’s most formidable critic. In Self-Ownership, Freedom, and Equality he levels several strong criticisms against Robert Nozick’s theory put forth in Anarchy, State, and Utopia. In this paper, I counter several of Cohen’s criticisms. The debate operates at three stages: self-ownership, world-ownership, and initial acquisition. At the first stage, Cohen does not attempt to refute self-ownership, but weaken its force in providing moral grounds for capitalism. Here I argue that (...) Cohen’s attempt to overturn Nozick’s slavery argument is unsuccessful because partial-slavery, while normatively different from full-slavery, is still normatively wrong. At the second stage, Cohen argues for a joint-ownership view of the world’s resources. In particular, he claims that self-ownership is rendered merely formal in a jointly-owned world and in a capitalist world. To rebut this challenge I show that even if Cohen is right about this, libertarian self-ownership is only formal in Cohen’s peculiar case where only two people exist and one owns everything. In contrast, self-ownership in a jointly-owned world is formal in all cases. Lastly, at the third stage, Cohen argues against Nozick’s interpretation of the Lockean proviso, claiming that it is impossible to satisfy. Granting Cohen’s argument here, I go on to defend Jan Narveson’s no-proviso view of acquisition from Cohen’s thus far unanswered criticism. I show that significantly, in his critique, Cohen equivocates between positive and negative rights. Taken jointly, my responses at these three stages ground the anti-egalitarian conclusion that, in Cohen’s words, ‘[e]xtensive inequality of condition is unavoidable, or avoidable only on pain of violating people’s rights to themselves and to things.’ The sequence, then, is from self-ownership, to world-ownership, via initial acquisition. (shrink)

John Locke (1690), libertarians, and others have held that agents are self-owners in the sense that they have private property rights over themselves in the same way that people can have private property rights over inanimate objects. This private ownership is typically taken to include (1) control rights over (power to grant and deny permission for) the use of their persons (e.g., what things are done to them), (2) rights to transfer the rights they have to others (by (...) sale, rental, gift, or loan), and (3) tax immunities for the possession and exercise of these rights (so that, unlike renters, for example, they owe no payment for these rights). The property rights in question are moral rights, and need not be legally recognized. Thus, a country that allows involuntary slavery fails to recognize the (moral) self-ownership of the slaves. (shrink)

The self-ownserhip thesis claims that people are the rightful owners of themselves, and that as a consequence that are entitled to do as they please, and appropriate what they will, just so long as they do not harm others. I argue that this no-harm proviso is problematic in that our best conception of harm is not that A harms B if, and only if, A makes B worse off, but rather that A harms B if, and only if, A's (...) action makes B worse off than B ought to be under the lights of our best political and moral theory. A consequence of this analysis of harm is that the self-ownership thesis turns out to be too crude to serve as a foundational principle of any political theory concerned with the distribution of scarce resources. (shrink)