PHLB09 2011 Lecture 5
•Property Model of Rights Extended
oTwo ways of having property rights to X:
•By original right
By carrying baby to later term, it seems as though
you've given it permission thus far…
Can you really give a fetus permission? It can't speak…
•Further ways to have property rights:
oP has a right to X if X is the product of P's labour
oAs long as P had a right to the material out of which X was made
oP has a right to X if P found X
oAnd either: nobody had a prior right to X, or the former owner of X
•What counts as abandoning something is very hard to define.
It's defined differently in many different countries. This presents a
•For example, If a house in the city is abandoned for 30 years, it
becomes the property of the city
oIn some cases it's not just one person who is involved in production
oEx. Making a movie, building a skyscraper….having a baby**
•In joint actions:
oOften, two people agree on terms governing their respective rights to
the outcome, given their respective inputs
oThere 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 aren't always contracts signed
oSometimes respective roles are asymmetrical
•In reproduction, roles are highly asymmetrical
oMan contributes sperm
oWoman contributes egg, all food and building materials, and houses
fetuses for 9 months
oWomen can't abandon project as easily as a man
oMan can't control course of labour as easily as woman...
oEnergy, time, emotional investment
•Does the mother have rights over raw materials by acquisition?
•Does she have rights by production?
oIt seems in terms of the "project" that the woman does far more of the