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Full-Text Articles in Other Philosophy
Self-Ownership As Personal Sovereignty, John Thrasher
Self-Ownership As Personal Sovereignty, John Thrasher
Philosophy Faculty Articles and Research
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 (of the left or right) 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 mistaken. 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 …
Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman
Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman
All Faculty Scholarship
In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of …
Locke On Territorial Rights, Bas Van Der Vossen
Locke On Territorial Rights, Bas Van Der Vossen
Philosophy Faculty Articles and Research
Most treatments of territorial rights include a discussion (and rejection) of Locke. There is a remarkable consensus about what Locke's views were. For him, states obtain territorial rights as the result of partial transfers of people's property rights. In this article, I reject this reading. I argue that (a) for Locke, transfers of property rights were neither necessary nor sufficient for territorial rights and that (b) Locke in fact held a two-part theory of territorial rights. I support this reading by appealing to textual and contextual evidence. I conclude by drawing a lesson from Locke's views for current debates on …