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  1. added 2018-09-10
    Da impossibilidade de uma relação de self-ownership: o dualismo ontológico na ilusão da auto-propriedade.Diego Ramos Mileli - 2018 - Revista Trágica: Estudos de Filosofia da Imanência 11 (2):105-126.
    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 (...)
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  2. added 2018-06-11
    Lockean Justifications of Intellectual Property.Daniel Attas - 2008 - In Gosseries Axel, Marciano A. & Strowel A. (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave Mcmillan. pp. 29--56.
    This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly (...)
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  3. added 2018-05-28
    The Theory and Practice of Self-Ownership.Robert S. Taylor - 2002 - Dissertation, University of California, Berkeley
    Myriad contemporary public-policy issues--including physician-assisted suicide, medical marijuana, abortion, surrogate motherhood, gay rights, conscription, and markets in human organs--raise the following important question: what rights should individuals have over their own bodies? The concept of self-ownership offers one way to answer this question. Just as ownership of an external object involves having rights, liberties, powers, immunities, etc., with respect to it, so self-ownership involves having these incidents of ownership with respect to one's own body and labor power. Much of the (...)
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  4. added 2018-04-03
    Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    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, (...)
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  5. added 2018-03-12
    Non-Autonomous Sentient Beings and Original Acquisition.John Hadley - 2017 - Analysis 77 (2):292-299.
    Libertarians concede that non-autonomous sentient beings pose a problem for their theory. But, while they acknowledge that libertarianism denies non-autonomous sentient beings basic moral rights, libertarians have overlooked how their theory also denies non-autonomous sentient beings basic moral powers. In this article, I show how the libertarian entitlement theory of justice, specifically, the theory for the original acquisition of holdings, denies non-autonomous sentient beings the moral power to originally acquire or make property. Attempts to avoid this problem by appealing to (...)
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  6. added 2018-03-08
    Voluntary Slavery.Danny Frederick - 2014 - Las Torres de Lucca: Revista Internacional de Filosofía Política 3 (4):115-137.
    The permissibility of actions depends upon facts about the flourishing and separateness of persons. Persons differ from other creatures in having the task of discovering for themselves, by conjecture and refutation, what sort of life will fulfil them. Compulsory slavery impermissibly prevents some persons from pursuing this task. However, many people may conjecture that they are natural slaves. Some of these conjectures may turn out to be correct. In consequence, voluntary slavery, in which one person welcomes the duty to fulfil (...)
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  7. added 2017-01-23
    The Separateness of Persons: A Moral Basis for a Public Justification Requirement.Jason Tyndal - 2017 - Journal of Value Inquiry 51 (3):491-505.
    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 (...)
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  8. added 2016-10-24
    Excluding Destruction.John Hadley - 2005 - Philosophy in the Contemporary World 12 (2):22-29.
    In this paper I argue that the potentially environmentally destructive scope of a libertarian property rights regime can be narrowed by applying reasonable limits to those rights. I will claim that excluding the right to destroy from the libertarian property rights bundle is consistent with self-ownership and Robert Nozick’s interpretation of the Lockean proviso.
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  9. added 2016-03-17
    The Natural Rights of Ownership.Lorenzo Sleakes - manuscript
    Derivation of natural property rights from self ownership. Arrives at a left libertarian philosophy with special insights into money, legitimate taxation and finance inspired by Henry George and Silvio Gesell.
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  10. added 2016-01-25
    The Double Nature of DNA: Reevaluating the Common Heritage Idea.Matthieu Queloz - 2016 - Journal of Political Philosophy 24 (1):47-66.
    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 (...)
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  11. added 2015-07-20
    Self-Ownership and Disgust: Why Compulsory Body Part Redistribution Gets Under Our Skin.Christopher Freiman & Adam Lerner - 2015 - Philosophical Studies 172 (12):3167-3190.
    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 (...)
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  12. added 2015-07-01
    The Possibility of Contractual Slavery.Danny Frederick - 2016 - Philosophical Quarterly 66 (262):47-64.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...)
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  13. added 2015-04-17
    Reply to Mark Friedman.Danny Frederick - 2015 - Reason Papers 37 (1):85-87.
    I reply to Mark Friedman's response to my review of his book, 'Nozick's Libertarian Project.' I restate what I take to be the key mistakes in Friedman’s arguments for individual rights and the minimal state. I outline the explanation of the right to freedom in terms of the human capacity for critical rationality, and the explanation of the poliitcial authority of the state in rule-consequentialist terms which do not appeal to consent.
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  14. added 2014-09-10
    Ethics and the Patenting of Human Genes.Annabelle Lever - 2001 - Journal of Philosophy, Science and Law 1:31-46.
    Human gene patents are patents on human genes that have been removed from human bodies and scientifically isolated and manipulated in a laboratory. The U.S. Patent and Trademark Office (the USPTO) has issued thousands of patents on such genes, and patents have also been granted by the European Patent Office, (the EPO). Legal and moral justification, however, are not identical, and it is possible for a legal decision to be immoral although consistent with legal precedent and procedure. So, it is (...)
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  15. added 2014-08-16
    Must the Tin Man Have a Heart?: The Qualifications of Personhood and Self-Ownership.Jack Presbury, Joe Marchal & Ed Mckee - 1999 - The Personalist Forum 15 (2):302-319.
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  16. added 2014-07-18
    Propriété de soi et indifférence morale du rapport à soi.Nathalie Maillard Romagnoli - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (1):4-15.
    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, (...)
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  17. added 2014-07-08
    Sticks or Carrots? The Emergence of Self-Ownership.Gijs van Donselaar - 2013 - Ethics 123 (4):700-716.
  18. added 2014-07-03
    Why People Should Be Free to Sell Their Organs.Danny Frederick - manuscript
  19. added 2014-05-19
    Self-Ownership, Marxism, and Egalitarianism: Part II: Challenges to the Self-Ownership Thesis.Eric Mack - 2002 - Politics, Philosophy and Economics 1 (2):237-276.
    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 (...)
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  20. added 2014-05-07
    Human Reproductive Interests: Puzzles at the Periphery of the Property Paradigm.Donald C. Hubin - 2012 - Social Philosophy and Policy 29 (1):106-125.
    The question of ownershipis important in addressing many issues of public policy. But the attempt to subsume all questions of rights under what I describe as exerts a distorting influence on debates about a variety of complex moral issues. More specifically, I argue that the application of the property paradigm deformed discussion of the nature and basis of parental rights. The claim that parental rights are not best understood as property rights is now widely acknowledged. However, while the property paradigm (...)
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  21. added 2014-05-07
    Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    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 (...)
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  22. added 2014-04-04
    38. “Explorations in Property Rights: Conjoined Twins”.Jeremiah Dyke & & Walter E. Block - unknown
    We attempt to shed light on property rights by examining the case of conjoined twins. We do so since their situation is perhaps among the most challenging of all cases of separating “mine” from “thine.”.
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  23. added 2014-04-02
    Property, Persons, Boundaries: The Argument From Other-Ownership.Hugh Breakey - 2011 - Social Theory and Practice 37 (2):189-210.
    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 (...)
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  24. added 2014-03-22
    A Kantian Defense of Self-Ownership.Robert S. Taylor - 2004 - Journal of Political Philosophy 12 (1):65-78.
    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 (...)
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  25. added 2014-03-06
    The Drug Laws Don't Work.Michael Huemer - 2008 - The Philosophers' Magazine (41):71-75.
    Illegal drugs are not inherently unclean, any more than alcohol, tobacco, or canola oil. All of these are simply chemicals that people choose to ingest for enjoyment, and that can harm our health if used to excess. Most of the sordid associations we have with illegal drugs are actually the product of the drug laws: it is because of the laws that drugs are sold on the black market, that Latin American crime bosses are made rich, that government officials are (...)
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  26. added 2013-11-04
    'Privacy, Private Property and Collective Property'.Annabelle Lever - 2012 - The Good Society 21 (1):47-60.
    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 (...)
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  27. added 2013-10-25
    Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum).Alejandra Mancilla - 2013 - Arr, Idéhistorisk Tiddskrift 3:3-14.
    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 (...)
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  28. added 2013-10-25
    Samuel Pufendorf and the Right of Necessity.Alejandra Mancilla - 2012 - Aporia 3:47-64.
    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 (...)
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  29. added 2013-08-17
    Hoppe’s Derivation of Self-Ownership From Argumentation: Analysis and Critique.Danny Frederick - 2013 - Reason Papers 35 (1):92-106.
    Hans-Hermann Hoppe contends that the fact that a person has the capacity to argue entails that she has the moral right of exclusive control over her own body. Critics of Hoppe’s argument do not appear to have pinpointed its flaws. I expose the logical structure of Hoppe’s argument, distinguishing its pragmatic-contradiction and its mutual-recognition components. I provide three counterexamples to show that Hoppe’s mutual-recognition argument is invalid and I argue that the truth that appears to motivate the argument is simply (...)
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  30. added 2013-05-08
    The Retributive Theory of Property.Terrance Tomkow - manuscript
  31. added 2013-04-14
    Self-Ownership and the Conflation Problem.David Sobel - forthcoming - In Mark Timmons (ed.), Oxford Studies in Normative Ethics.
    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 (...)
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  32. added 2013-03-05
    A Critique of Lester's Account of Liberty.Danny Frederick - 2013 - Libertarian Papers 5:45-66.
    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..
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  33. added 2010-09-04
    Self-Ownership and Abortion.Rajiv Shah - manuscript
    This paper argues that in the absence of general duties to rescue a woman may, at any time, terminate an unintended pregnancy even if the foetus is a person. However the rights of the foetus restrict the procedures one may use. In particular only an evictionist procedure may be used. Furthermore the argument presented does not rely on any act of balancing the rights of the woman against the rights of the foetus. There is no “clash of rights” involved. This (...)
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  34. added 2009-09-12
    Natural Intellectual Property Rights and the Public Domain.Hugh Breakey - 2010 - Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones (...)
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  35. added 2009-07-28
    Self-Ownership and Transplantable Human Organs.Robert S. Taylor - 2007 - Public Affairs Quarterly 21 (1):89-107.
    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 (...)
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  36. added 2009-07-28
    Self-Ownership and the Limits of Libertarianism.Robert S. Taylor - 2005 - Social Theory and Practice 31 (4):465-482.
    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 (...)
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