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This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. A LeftLeft----LibertarianLibertarian Theory of Rights Arabella Millett Fisher PhD University of Edinburgh 2011 Contents Abstract....................................................................................................................... iv Acknowledgements.......................................................................................................v Declaration.................................................................................................................. vi Introduction..................................................................................................................1 Part I: A Libertarian Theory of Justice...................................................................11 Chapter 1: Libertarianism and Rights.....................................................................12 Introduction............................................................................................................ 12 Libertarianism and Negative Rights....................................................................... 15 Introducing Libertarianism ................................................................................ 16 The Negative/Positive Distinction ..................................................................... 19 A Libertarian Theory of Human Rights............................................................. 20 Negative Subsistence Rights.................................................................................. 35 Conclusion ............................................................................................................. 44 Chapter 2: Libertarian Duties ..................................................................................45 Introduction............................................................................................................ 45 Libertarian Negative Duties ................................................................................... 46 Libertarian Positive Duties..................................................................................... 60 Positive ‘Duties’ of Charity ............................................................................... 62 Contractual Positive Duties................................................................................ 65 Positive Duties Derived from Negative Rights.................................................. 67 Conclusion ............................................................................................................. 78 Part II: Self-Ownership.............................................................................................81 Chapter 3: Defining Self-Ownership........................................................................82 Introduction............................................................................................................ 82 Origins of Self-Ownership..................................................................................... 84 The Three Property Rights of Self-Ownership ...................................................... 91 Property Rights .................................................................................................. 92 A Property Right over the Body......................................................................... 98 A Property Right over the Faculties................................................................. 100 A Property Right over Labour Product ............................................................ 102 Definitions: a comparison .................................................................................... 104 Objections ............................................................................................................ 107 Self-Ownership Is Incoherent .......................................................................... 107 Self-Ownership Is Inconsistent ........................................................................ 110 Conclusion ........................................................................................................... 116 ii Chapter 4: Defending Self-Ownership...................................................................117 Introduction.......................................................................................................... 117 Cohen’s Criticisms of Self-Ownership ................................................................ 117 Self-Ownership and the Endorsement of Slavery............................................ 119 Self-Ownership and Autonomy ....................................................................... 121 Self-Ownership and the Utilitarian Use of People........................................... 129 Self-Ownership, Equality and Luck................................................................. 133 Conclusion ........................................................................................................... 137 Part III: World Ownership .....................................................................................138 Chapter 5: Libertarian Appropriation ..................................................................139 Introduction.......................................................................................................... 139 George, Locke and Just Acquisition .................................................................... 144 Radical Right-wing Libertarianism...................................................................... 153 Lockean Libertarianism ....................................................................................... 159 Left-Libertarianism .............................................................................................. 165 Conclusion ........................................................................................................... 171 Chapter 6: Egalitarian Ownership.........................................................................173 Introduction.......................................................................................................... 173 Egalitarian Ownership.......................................................................................... 175 Common Ownership ........................................................................................ 176 Steiner, Equal Shares and the Global Fund...................................................... 178 Joint Ownership ............................................................................................... 186 Pogge and the Global Resources Dividend.......................................................... 191 Conceptualising ‘Natural Resources’................................................................... 198 Can a ‘Resource’ be ‘Natural’?........................................................................ 199 Ecological Space .............................................................................................. 204 A Narrow Conceptualisation............................................................................ 207 Conclusion ........................................................................................................... 208 Chapter 7: Redistribution .......................................................................................210 Introduction.......................................................................................................... 210 Otsuka and Equality of Opportunity for Welfare................................................. 211 Vallentyne and Equality-Promoting Georgist Libertarianism ............................. 216 Basic Income........................................................................................................ 224 Inheritance and Future Generations ..................................................................... 226 Conclusion ........................................................................................................... 233 Conclusion.................................................................................................................234 Bibliography .............................................................................................................240 iii Abstract The human rights that are defended in libertarian literature tend to be limited in scope, which entails that the duties that people can be compelled to fulfil are similarly minimal. For this reason a commitment to libertarianism tends to be seen as incompatible with support for subsistence rights, enforceable positive duties, and redistributive taxation, since each one of these issues may require the infringement of libertarian property
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