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University of Toronto Scarborough
Cathal O Madagain

PHLB09 2011 Lecture 5 Property Model of Rights Extended o Two ways of having property rights to X: By original right By permission By carrying baby to later term, it seems as though youve given it permission thus far Can you really give a fetus permission? It cant speak Thorny issue Further ways to have property rights: o By production o P has a right to X if X is the product of Ps labour o As long as P had a right to the material out of which X was made By Acquisition o P has a right to X if P found X o And either: nobody had a prior right to X, or the former owner of X abandoned X What counts as abandoning something is very hard to define. Its defined differently in many different countries. This presents a problem For example, If a house in the city is abandoned for 30 years, it becomes the property of the city Co-production: o In some cases its not just one person who is involved in production o Ex. Making a movie, building a skyscraper.having a baby** In joint actions: o Often, two people agree on terms governing their respective rights to the outcome, given their respective inputs o There are many cases where contracts are not involved in the joint activity. For example, making a baby is a joint activity between two people. There arent always contracts signed o Sometimes respective roles are asymmetrical In reproduction, roles are highly asymmetrical o Man contributes sperm o Woman contributes egg, all food and building materials, and houses fetuses for 9 months o Women cant abandon project as easily as a man o Man cant control course of labour as easily as woman... Mans contribution: o Raw materials o Energy, time, emotional investment Does the mother have rights over raw materials by acquisition? Does she have rights by production? o It seems in terms of the project that the woman does far more of the production
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