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It is not the case that Property relations should be established in ways that reflect facts about human agency and embodiment, not merely social convention.
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Reasons For
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Reason for 1 of 2
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1.
Property regimes are constitutively social: no coherent concept of ownership exists prior to the rules and institutions that define it.
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2.
Hegel's own account of embodied agency ultimately grounds property rights in mutual recognition by a community of free persons, not bare biological facts.
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3.
Facts about human embodiment underdetermine property arrangements, since they are compatible with collective, communal, and individual ownership schemes alike.
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Reason for 2 of 2
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1.
Locke's labor-mixing argument, the paradigm case of grounding property in agency, relies on a prior conventional assumption that labor can generate entitlements.
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2.
Hume demonstrated that property conventions are self-reinforcing social artifacts whose stability and legitimacy derive from mutual expectation, not pre-social agency facts.
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Reasons Against
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Reason against
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1.
Even if property is a product of social rules, facts about the human condition and embodied agency can provide philosophical premises for normative arguments about property.
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2.
Persons have an intimate pre-legal relation to their own bodies that bears philosophical analysis.
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