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    The indeterminacy of ownership in positive law poses no o... — Carmelics
    Home/Rights & Liberty
    HistoryEditSee Inverse

    The indeterminacy of ownership in positive law poses no objection to self-ownership theory

    Rights & Liberty
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Self-ownership can be understood as importantly analogous to ownership in general rather than identical to any specific legal ownership arrangement
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    • 2.Treating self-ownership as analogous to ownership in general reveals a more fruitful way of theorizing rights over persons
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Legal ownership is not merely analogous to self-ownership but is the conceptual source from which self-ownership derives its normative content.
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    • 2.When positive law reveals that ownership is an indeterminate bundle of contestable entitlements, this indeterminacy propagates into self-ownership claims.
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    • 3.A concept that inherits its meaning from an indeterminate source cannot generate determinate rights over persons without smuggling in prior normative commitments.
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    Reason against 2 of 2
    ?
    • 1.G.A. Cohen demonstrated that self-ownership, even if internally coherent, underdetermines the rights libertarians derive from it without substantive assumptions about world-ownership.
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    • 2.If the analogy to general ownership is invoked to rescue self-ownership from indeterminacy, the same contested bundle-of-rights structure reappears at the level of world-ownership.
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    • 3.The move to 'ownership in general' therefore displaces rather than resolves the indeterminacy objection, leaving libertarian property claims without a determinate foundation.
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    Related

    A concept that inherits its meaning from an indeterminate source cannot generate...G.A. Cohen demonstrated that self-ownership, even if internally coherent, underd...If the analogy to general ownership is invoked to rescue self-ownership from ind...Legal ownership is not merely analogous to self-ownership but is the conceptual ...
    +4 moreShow less
    Self-ownership can be understood as importantly analogous to ownership in genera...The move to 'ownership in general' therefore displaces rather than resolves the ...Treating self-ownership as analogous to ownership in general reveals a more frui...When positive law reveals that ownership is an indeterminate bundle of contestab...

    Similar

    Positive law recognizes a wide variety of ownership arrangements consi...83%Treating self-ownership as analogous to ownership in general reveals a...81%Full self-ownership theory must be rejected.80%From the perspective of self-ownership theory, there is no principled ...78%

    Source

    AI-extracted1/3 agreementValid
    SEP: libertarianism
    View source passageHide passage
    Such a move would also avoid a final kind of objection, this one more theoretical in nature. This objection holds that, upon inspection, the idea of self-ownership is neither as simple nor as clear-cut as it initially appeared. One version of this objection points to the indeterminacy of the idea of ownership. Positive law recognizes a wide variety of ownership arrangements, including ones that consist of very different kinds of rights than the self-ownership theorist defends. There may be no cl
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit