9.3 |
THINGS POSSESSED AND NOT POSSESSED |
9.3.1 |
ONE'S OWN BODY OR ITS PARTS |
On our ontological construction a person and the only component part
'e has
('er body) are two different entities,
and therefore any relation between them is not a reflexive relation
in the strict sense. Yet, it has been argued that property
relations are always subject-object relations and that no-one
has a property in 'er person since property would be an
essentially external relationship. This contention, however, is
too ambiguous to be of much help to us. If we do agree that it
is conceptually possible to use one's own body or a part
thereof, then this relation of use is a nonreflexive subject-object
relation, but it is not external in that it would be a
relation between a person and a thing which is not a part of 'im,
or a part of a part of 'im. A complication is that someone who
uses 'er own body is not using
'imself in a strictly reflexive
sense. In a strictly reflexive sense a person using 'imself is
a conceptual absurdity (unless the meaning of the verb (to)
use is not the same).
Granted that we can use the body we have (as an element)
and/or its parts, we can, conceptually speaking, exclude other
people from the use of this body and/or its parts. (When
speaking of "the use of our own body", the meaning of this use
is probably different from that in the use of parts of our body
by ourselves and of that in the use of our body or its parts
by others.) If a person is free to do this, that is, if 'e may
(but need not) use 'er body and/or its parts, and if 'e may (but
need not) exclude nonowners from the use of 'er body, then 'e
has a property in 'er own body and/or its parts. Well,
this conception is not new: it was already postulated by a
natural-rights theorist that 'every man has a property in his
own person'. Yet, altho the underlying idea of this postulate
may be the same as we have stated, at face value it is the truth
turned topsyturvy. Man is a biological, bodily notion, whether
it is employed as a pseudo(syno)nym of human being or as a
synonym of male human being (while it cannot mean person
here), and thus it would be a sort of body which has a property
in his or 'er own person. But if the property right exists, it
is the other way around: every person having a human body has,
then, a property in this body (or, in 'er own human being).
The historical significance of the recognition that 'every
man has a property in his own person' has been that every 'man'
was thus given the right to the 'labor of his body and the work
of his hands'. They became 'properly his'. Unfortunately, in
those times his did not only not refer to female human beings,
it did not refer to servants either, whether male or female.
Saying that every person has a property in 'er own body is
only of practical import when the speaker is willing to assert
simultaneously that no-one else, that is, no other person and no
group of persons, has a property in this same body as well. In
other words: every person is, then, the sole owner of the body
'e has as an element. Only in this case does 'e have the right
to exclude everyone else from the use of 'er body or parts
thereof, since no-one else is a co-owner of the same body. Thus
interpreted the conception of property in one's own body is very
important and neglected in an irresponsible way by those who
have disposed of property altogether. Whether nature has thus
become the 'owner' of everything, or some communal, governmental
or divine agency, in both cases a person's body and the parts
thereof (such as 'er kidneys) have exactly the same status relative
to this owner or quasi-owner as all other natural elements
(inclusive of kidney beans). Such implies that there is no way
left to distinguish from the point of view of rightful ownership
between someone else needing or using a part of a person's body
(say, one of 'er kidneys) and this person's own use of 'er body.
Should someone incidentally run out of healthy kidneys (say,
because 'e has been drinking too much), the medical authorities
of a community, state or religious society will have the power
to take one of the healthy kidneys which just happen to be in
another person's body without 'er consent to transplant it into
the alcoholic body. Now, also those who are opposed to property
might object that such an action would encroach upon principles
of negative freedom, 'absence of violence to body and will',
'prevention of objectification' and other principles they may be
more concerned about than property glorifiers. Such arguments
yield the very reasons, however, why the above consequence of
the total rejection of the whole idea of property with people as
owners is to be looked upon as a default which severely
weakens, or entirely destroys, the cogency of the extreme
antiproperty position.
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