Self-Ownership and Transplantable Human Organs
In: Public affairs quarterly: PAQ, Band 21, Heft 1, S. 89-107
ISSN: 0887-0373
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In: Public affairs quarterly: PAQ, Band 21, Heft 1, S. 89-107
ISSN: 0887-0373
In: The journal of political philosophy, Band 12, Heft 1, S. 65-78
ISSN: 1467-9760
In: The journal of political philosophy, Band 12, Heft 1, S. 65-78
ISSN: 0963-8016
In: Human Rights Review, April 2010
SSRN
Working paper
In: Social theory and practice: an international and interdisciplinary journal of social philosophy, Band 28, Heft 1, S. 77-99
ISSN: 2154-123X
In: Studies in law, politics, and society, Band 56, S. 1-36
This chapter addresses the alienability or inalienability of the bodily self by looking at continuing legal, economic, and cultural issues surrounding three case studies: the growth of cell lines, live organ transfer, and the practices of "forced prostitution" as a contemporary form of slavery. The essay contends that it is, ironically, Locke and Hegel's shared hyperliberal notion of the self as inalienable property that sustains a potential basis, in law and in culture, for troubling cases of self-alienation which persist in the case studies offered. [Copyright Elsevier Ltd.]
In: Human rights review: HRR, Band 12, Heft 1, S. 27-45
ISSN: 1874-6306
All contemporary societies are structured around work. This paper argues that the need to work violates effective self-ownership. This article explores the importance of effective self-ownership and how this conception relates to the need of work, which is a central organizational principle of modern society. In order to claim effective self-ownership, an individual has to enjoy freedom to do otherwise from that which he is allowed to do, which in the case of employment would signify the possibility to withdraw from the monetized economy. Adapted from the source document.
In: Public affairs quarterly: PAQ ; philosophical studies of public policy issues, Band 37, Heft 2, S. 138-152
ISSN: 2152-0542
AbstractThe so-called "commodification argument" maintains that a direct causal relationship exists between certain legal institutions (self-ownership) and attitudes (instrumentalism), and that the undesirability of instrumentalism justifies restrictions on self-ownership. I will critically examine Margaret Jane Radin's book Contested Commodities, which presents a compelling version of the commodification argument. I will advance three central points: first, that the purported causal connection between self-ownership and instrumentalism is either weak or nonexistent; second, that the commodification argument tends to be parasitic on arguments against economic, racial, and gender inequality; and third, that the independent moral work it does do seems directed at liberal neutrality instead of self-ownership. I will then show that the weaknesses of Radin's defenses of the commodification argument cast doubt upon the entire anti-commodificationist enterprise.
In: Special Issue Human Rights: New Possibilities/New Problems; Studies in Law, Politics and Society, S. 1-36
In: Critical review: an interdisciplinary journal of politics and society, Band 11, Heft 3, S. 323-344
ISSN: 0891-3811
IN "SELF-ONWERSHIP, FREEDOM, AND EQUALITY," G.A. COHEN ARGUES THAT LIBERTARIANISM DOES NOT FOLLOW FROM RESPECT FOR FREEDOM, AND THAT LIBERTARIANISM CANNOT BE GROUNDED ON SELF-OWNERSHIP. COHEN'S ARGUMENTS ARE, FOR THE MOST PART, COMPELLING. THAT LEAVES THE LIBERTARIAN PHILOSOPHER THE OPTIONS OF EITHER MOVING LEFTWARDS--FOR EXAMPLE, ALONG THE LINES OF PHILIPPE VAN PARIJ'S "REAL FREEDOM FOR ALL"--OR EMBRACING SOME FORM OF CONSEQUENTIALISM. EITHER WAY, THE RESULT IS AN ABANDONMENT OF CHARACTERISTICALLY LIBERTARIAN POLITICAL PHILOSOPHY.
In: Politics, philosophy & economics: ppe, Band 14, Heft 1, S. 67-83
ISSN: 1741-3060
Left and right libertarians alike are attracted to the thesis of self-ownership (SO) 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 (LP) restricts agents' ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its (non-libertarian) 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.
In: The journal of political philosophy, Band 13, Heft 3, S. 284-304
ISSN: 0963-8016
In: Critical review of international social and political philosophy: CRISPP, Band 22, Heft 6, S. 660-680
ISSN: 1743-8772
In: Human rights review: HRR, Band 12, Heft 1, S. 27-45
ISSN: 1874-6306
In: Philosophy and public affairs, Band 27, Heft 1, S. 65-92
ISSN: 1088-4963