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Lecture 5


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1. Property model of rights extended  Two ways of having property rights to X: o By original rights o By permission  a landlord just can’t evict a renter whenever. Relate this to whether it makes sense to kick out a fetus after many months. It’s like you gave the permission for the fetus to stay  However, property rights are conditional: the landlord could kick you out if you are not paying your rent. So in relation to Thompson’s model, if the baby becomes a threat to life, the mother has a right to abort/kill baby in self defense. Refer back to growing person scenario  Further ways to have rights: o by production  think of a factory worker: however, the raw material is the owners. So the owner already has a right  As long as P had a right to the material out of which X was made  P has a right to X if X is the product of P’s labor  There is something as ‘non-legal’. Abortion in Canada is ‘non-legal’. This means the law doesn’t have something to say about it o By acquisition  P has a right to X if P found X  And either nobody had a prior right to X, or the former owner of X abandoned X  But the what counts as ‘abandoning’ is hard to define o By coproduction  E.g. making a movie  Having a baby  In joint actions or coproduction: o Often, two people agree on terms governing their respective rights to the outcome, given their respective inputs o Having a baby: does not have a contract to tell who owns what o Sometimes respective roles are asymmetrical o Reproduction roles are asymmetrical  Man: sperm  Women: egg, food and building, and house fetus grows in  Woman can’t abandon project as easily as man  Man can’t control course of labor as easily as woman...  Man’s contribution Raw materials Energy, time, emotional investment  Does the mother have rights over raw materials by acquisition? o Sperm bank? o Women seems to have more rights, even by permission 2. Harris’s Case Studies a. Case 1: rape o Mentally unstable un-medicated man rapes woman; o Later, after taking medication, he realizes what he has done and asks woman not to have an abortion o Man has contributed:  Raw materials  Time and energy o Harris’s extra condition:  Man must have a morally legitimate interest in the fetus  Man must contribute in a morally legitimate way  To have a morally legitimate interest is: o To have a right to something in a way doesn’t interfere with the other’s rights  I can’t blow up your house and then claim right to the there has to be a moral legitimate interest  So raw materials/energy/investment must have been made in a morally legitimate way  So, rapist has no right against woman in case 1 to have an abortion: o He did not contribute energy/materials in a morally legitimate way  Case 2: o Jack and Jane have a casual sexual relationship o Jane becomes pregnant, at which point Jack says he’s a serious catholic and doesn’t want her to have an abo
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