9.4 |
PROPERTY AS A RIGHT OF PERSONHOOD
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9.4.1 |
THE EXTRINSIC OWNERSHIP OF PEOPLE'S BODIES
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The metadoctrinal foundation of the only extrinsic right
we have, the right to personhood, is that (living) people should
be respected equally as persons, that is, as living beings who
have or can have their own normative principles, ideas and
theories. Other people`s principles may be right for us; they
may be neither right nor wrong for us; they may be wrong for us
--it does not matter from a metadoctrinal perspective, so long as
they do not violate the right to personhood itself. Other
people`s ideas may be sympathetic to us; they may be indifferent
to us; they may be antipathetic to us --it does not matter from
a metadoctrinal perspective, so long as they recognize other
people`s equal rights. And other people`s theories may be
coherent; they may be too obscure to determine whether they are
coherent or incoherent; they may be incoherent --it does not
matter from a metadoctrinal perspective, so long as they allow
everyone to have `er own beliefs.
The extrinsic general right of persons to do or not to do
something correlates with the general duty not to interfere,
that is, the duty of others not to interfere and the duty of
oneself not to interfere. The most overt form of interference,
other than bodily assault itself, is to prevent people from
believing certain things. Since this cannot be effectively done,
it will amount in practise to tying a person`s tongue and to
preventing `im from writing what `e believes. A person may have
the most antiscientific and appalling ideas in favor of individual
or private property, or in disfavor of such property,
for example, in land and the means of production, and yet no-one
has a right to restrict `er freedom of speech for that reason.
Preventing a person from speaking or otherwise communicating
freely is not done by taking measures to stop a body from
moving freely. If one would like to prevent a particular person
from communicating `er thoughts and feelings, there is only one
body with respect to which this could be accomplished: the one
body the person in question has as `er component part. This
demonstrates that the ontological relationship between a person
and the body `e has is also of fundamental significance where it
concerns the recognition of the person`s personhood, and the
infringement of the person`s personhood. It shows, too, that
personhood itself is but an entirely noncorporeal notion, and
that the manifestation of someone`s personhood is only possible
thru the actions of the body `e has. `Er body is the medium, the
sole, irreplaceable medium, to communicate `er thoughts and
feelings. In other words: it is the sole, irreplaceable medium
of personhood, of the personhood of the person having the body.
Verbal communication is, then, merely one means of communication.
There are numerous other ways of communicating personally
besides moving one`s lips, or a pen in one`s hand. If they are
not purely accidental, or caused in spite of oneself, all bodily
movements tell their story and are expressive of someone`s
personhood, certainly when intentional and purposeful.
Everyone has a unique use relationship with `er body as a
medium of communication, which no other person has with that
same body. The absolute uniqueness of this relationship reflects
an empirical necessity, whether it is called "exclusive" or not.
(Note that we are not describing a situation in which 99% of the
people use their own mouth and move their own lips to speak,
while 'only' 1% would use the mouth, and move the lips, of the
body someone else has, to speak. In that case our negligence
would be exclusivistic.) The uniqueness of this relationship
justifies the extrinsic (and 'exclusive') right in one`s own
body, the sole medium one has for the manifestation of one`s
personhood. Hence, all people`s bodies are the property of the
person having the body in question (as an element). Therefore we
discount the option that all people`s bodies would be equally
the property of all people in common, or other, mixed options.
We have already reviewed the situation in which nature was the
fictitious owner of all personal bodies (and the rest). If in
such a situation the person concerned cannot refuse the use of
parts of the body `e has, `e is not respected on the same
footing with those who want to use parts of `er body without
allowing `im to use parts of their bodies. (And 'even' a member
of an authority is simply a person, like every nonmember.) On
the metadoctrinal view, either no-one has the right to refuse
any use or everyone has the right to refuse every use of the
body `e has. In the former case physical strength would become
the overriding factor, and weaker persons could be prevented
from expressing what they believe or feel. This would violate
the right to personhood itself, and thus cannot be accepted. Our
conclusion is that everyone has the right to refuse every use of
the body `e has, and that no-one has the right to use the body
of another living person without `er permission. Nobody is a
prop to be manipulated by other people or by a country at large.
(It will perhaps be objected to this that a person does not
need an organ like a second kidney to express `er personhood.
This is, supposedly, true, but it still does not give others the
exclusive right to remove such an organ. Both the decision to
remove a kidney and the decision of who is to remove
which kidney can only be made on doctrinal grounds. It is a right
of personhood of the living person having the body with the kidney
in question to refuse the removal of this kidney on equally
doctrinal grounds.)