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<onlyinclude><noinclude>__TOC__ == The Model ==</noinclude> A good model of rights should be consistent with observations from law, economics, and anthropology. If it is based on observation, we can call it a positive model, like other models in the sciences. (But not necessarily philosophy.) An enforced right can be modeled as a social and economic relationship between three groups about a thing. Let's start with a simple story, a diagram and an explanatory table. Ronnie claims the right to pick tangerines from a tree and pays Eddie to enforce that right against the denizens of Dallas. Eddie tells them "you have a duty not to pick the tangerines because Ronnie has the right and I will pop anybody who does." * Ronnie is a '''RightHolder''' with the right to pick tangerines. * Eddie is an '''Enforcer''' who makes threats and follows up if Ronnie's right is violated. * The denizens of Dallas are '''DutyBearers''': a duty not to pick oranges is forced on them by Eddie, otherwise they could pick the tangerines for themselves. * The tangerines are a '''Thing''' that is controlled by the right. [[Image:Rights.jpg|500px]] * Ronnie receives the '''Benefits''' of the Thing: the tangerines. * Eddie receives the '''Fees''' for enforcement, in this case from Ronnie. * The denizens of Dallas have an '''Opportunity Cost''': if it wasn't for Eddie, they could have the tangerines. * If the denizens of Dallas don't obey Eddie, Eddie has an enforcement '''Cost'''. * If the denizens of Dallas don't obey Eddie, Eddie will give them a '''Penalty'''. {| border="1" |- ! Group<br><span style="color:blue">(blue circles)</span> ! Claims<br><span style="color:gray">(gray dashed arrows)</span> ! Income (black arrows) or<br>{{Red|Costs (red arrows)}} |- ! RightHolder | * '''Right/Duty Claim''' to '''DutyBearers''' * '''Enforcement Claim''' to '''Enforcer''' | * B<sub>R</sub>, '''Benefits''' from '''Thing''' * F<sub>R</sub>, '''{{Red|Fees}}''' to '''Enforcer''' |- ! Enforcer | * '''Threat Claim''' to '''DutyBearers''' | * F<sub>E</sub>=F<sub>R</sub>+F<sub>D</sub>+F<sub>T</sub>, <br>'''Fees''' from '''RightHolder''', '''DutyBearers''' and '''Thing''' * C<sub>E</sub>, '''{{Red|Costs}}''' of enforcement from '''DutyBearers''' |- ! DutyBearers | * no claims | * P<sub>D</sub>, '''{{Red|Penalties}}''' from '''Enforcer''' * F<sub>D</sub>, '''{{Red|Fees}}''' to '''Enforcer''' * O<sub>D</sub>, '''{{Red|Opportunity Costs}}''' from '''Thing''' |} In English prose: :A "right" is of the form "'''RightHolder''' (R) claims a right to control a '''Thing''' (T), receiving '''Benefits''' (B<sub>R</sub>); creating a reciprocal obligation (or duty) for '''DutyBearers''' (D) to permit this despite incurring '''Opportunity Costs''' (O<sub>D</sub>) because of threatened '''Penalties''' (P<sub>D</sub>) produced at a '''Cost''' (C<sub>E</sub>) by an '''Enforcer''' (E) paid '''Fees''' (F<sub>E</sub>)". '''Benefits''' (B<sub>R</sub>), '''Opportunity Costs''' (O<sub>D</sub>), '''Penalties''' (P<sub>D</sub>), '''Cost''' (C<sub>E</sub>) and '''Fees''' (F<sub>E</sub>) are all assumed to be values that are fungible in some manner. That doesn't require the form of modern markets: indeed, tit-for-tat and other strategies that work with a simpler form of fungibility can serve to exchange life, labor, time, or other values. These values will differ in the cases where DutyBearers '''cooperate''' (thus having high cooperating Opportunity Costs (O<sub>Dc</sub>) with low cooperating Penalties (P<sub>Dc</sub>)) versus where DutyBearers '''defect''' (thus having low defecting Opportunity Costs (O<sub>Dd</sub>) with high defecting Penalties (P<sub>Dd</sub>)). Arguably, the examples can be simpler than this model: for example when a RightHolder is his own Enforcer or the DutyBearer is also the Thing (as in the case of Dred), but that may not make the model more explanatory and may make it more difficult to compare to alternative uses of this model. The fees in this model show possible sources of income for enforcement: some of them might be zero. This model might need more complexity or be used multiple times to handle heterogeneous DutyBearers, such as slaves and abolitionists.<includeonly> For more explanation of this model and how it applies to economics, see: * [[A Positive Model Of Rights]]</includeonly></onlyinclude> == The Model's Economics == A would-be RightHolder has no disincentives from making endless rights claims that can conflict with everybody else's claims until he has to pay Fees to an Enforcer. The RightHolder would be willing to pay Fees to Enforcers as long as they are less than his Benefit on '''average''': : <big>'''B<sub>Ra</sub> > F<sub>Ra</sub>'''</big> (Benefit to RightHolder is greater than Fees paid by RightHolder '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') An Enforcer would be willing to assess Penalties when Fees are greater than Costs: : <big>'''F<sub>Ea</sub> > C<sub>Ea</sub>'''</big> (Fees to Enforcer are greater than Costs of enforcement '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') A DutyBearer has a choice of cooperating or defecting. If he '''cooperates''', he bears Opportunity Costs (because he cannot use the Thing) and perhaps Fees assessed by the Enforcer. If he '''defects''', the Opportunity Costs may change sign (to become benefits because he can use the Thing), but he bears Penalties and perhaps Fees assessed by the Enforcer. For a right to work in this model, the DutyBearer would be coerced to cooperate with a rights claim when: : <big>'''O<sub>Dc</sub> + F<sub>Dc</sub> < P<sub>Dd</sub> + O<sub>Dd</sub> + F<sub>Dd</sub>'''</big> (Penalties + Opportunity Costs to DutyBearers are less when cooperating than defecting) Rights can be sustained when these three inequalities hold. If the RightHolder inequality does not hold, the RightHolder will not want to enforce the claim. If the Enforcer inequality does not hold, the Enforcer will not want to enforce the claim. And if the DutyBearer inequality does not hold, the DutyBearer will be better off ignoring the claim: the enforcement will be ineffective. Some modern ideas of "good" or "moral" or "economically efficient" rights also meet the constraint: : <big>'''B<sub>Ra</sub> - F<sub>Ea</sub> > O<sub>Da</sub> + < P<sub>Da</sub>'''</big> (Benefit to RightHolder minus Fees to Enforcer is greater than Opportunity Costs plus Penalties to DutyBearers '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') == Examples That Could Be Explained By This Model == === Ordinary Land === "Joe (R) claims a right to farm on his property (T) for commercial sales (B<sub>R</sub>), and neighbor Fred (D) has to tolerate the odors, noise, traffic, etc. (O<sub>D</sub>) because if he interferes he will be fined (P<sub>D</sub>) in a civil lawsuit (C<sub>E</sub>) brought by Joe in a court (E) paid for by taxes (F<sub>E</sub>)." === Slavery === "Thomas (R) claims a right of chattel (T) for slave labor (B<sub>R</sub>) from Dred (D) who has to tolerate the loss of his labor (O<sub>D</sub>) because if he attempts to escape or resists, he will be hunted down or punished (P<sub>D</sub>) by privately hired (F<sub>E</sub>) slave hunters or overseers (E) who expect to profit over their expenses (C<sub>E</sub>)." === Commons Without Scarcity === === Role Of The State === === Differences In Rights Between Jurisdictions === == Competition Between Alternative Rights Claims == == Anthropology Of The Model == == Extensions Of The Model == == Adaptations Of The Model ==
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