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Lecture

Lecture notes

5 Pages
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Department
Philosophy
Course Code
PHLB09H3
Professor
Cathal O Madagain

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PHLB09 2011 Lecture 5
Property Model of Rights Extended
oTwo ways of having property rights to X:
By original right
By permission
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
Thorny issue
Further ways to have property rights:
oBy production
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
By Acquisition
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
abandoned X
What counts as abandoning something is very hard to define.
It's 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:
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...
Man's contribution:
oRaw materials
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
production
www.notesolution.com
Harris's Case Studies
Case 1: Rape
oMentally unstable unmedicated man rapes woman
oLater, after taking medication, he realizes what he has done and asks
woman not to have an abortion
Man has contributed:
oRaw materials
oTime and energy
Harris's extra condition:
oMan must have a morally legitimate interest in the fetus
oHis contribution to the project must have been made in a morally
legitimate way
To have a morally legitimate interest is:
oTo have a right to something in a way that doesn't interfere with the
rights of others
E.x to have a right to some dinner if you've helped cook it
As opposed to having a right to the whole meal if others helped to
I can't blow up your house and then claim a right to the rubble
...even though I may have put a lot of time and effort and materials into the
act
So raw materials/energy/investment must have been made in a morally
legitimate way
Subjective morals - if everything was subjective, you could never violate any
rights
Objective morals - in the case of Europeans and First Nations, it could be the
case the Europeans AND the First Nations both did not objectively know that the
First Nations had objective rights to the land
So, rapist has no right against woman in case 1 to have an abortion:
oHe did not contribute energy/materials in a morally legitimate way
Case 2:
oJane and Jack have a casual sexual relationship
oJane becomes pregnant, at which point Jack says he's a serious
Catholic and doesn't want her to have an abortion
oJane gets an abortion all the same
Both contributed raw materials in a morally legitimate way
oJane never promised that she would carry babies to term for Jack
should she become pregnant
o...Jack "left it to Jane to assume that his only interest was in casual
sex"
In this case:
oJack has contributed material and energy
oHas contributed those things in a morally legitimate way
So what's missing?
oSuppose a junk removal service drops off some steel girders at the side
of the road
www.notesolution.com

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Description
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 www.notesolution.com
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