Difference between revisions of "A Positive Model Of Rights"
From Critiques Of Libertarianism
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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.) | 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. | + | An enforced right can be modeled as a social and economic relationship between three groups about a thing. |
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But this is much simpler to understand with a diagram and an explanatory table: | But this is much simpler to understand with a diagram and an explanatory table: | ||
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* '''{{Red|Opportunity Costs}}''' from '''Thing''' | * '''{{Red|Opportunity Costs}}''' from '''Thing''' | ||
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| + | In English prose: | ||
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| + | :A "right" is of the form "'''RightHolder''' (R) claims a right to control a '''Thing''' (T), receiving '''Benefits''' (B); creating a reciprocal obligation (or duty) for '''DutyBearers''' (D) to permit this despite incurring '''Opportunity Costs''' (O) because of threatened '''Penalties''' (P) produced at an '''Enforcement Cost''' (C) by an '''Enforcer''' (E) paid '''Fees''' (F)". | ||
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| + | For example, | ||
| + | :"Joe (R) claims a right to farm on his property (T) for commercial sales (B), and neighbor Fred (D) has to tolerate the odors, noise, traffic, etc. (O) because if he interferes he will be fined (P) in a civil lawsuit (C) brought by Joe in a court (E) paid for by taxes (F)." | ||
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| + | For example, | ||
| + | :"Thomas (R) claims a right of chattel over Dred (T) for slave labor (B), and Dred (B) has to tolerate the loss of his labor and freedom (O) because if he attempts to escape or resists, he will be hunted down or punished (P) by privately hired (F) slave hunters or overseers (E) who expect to profit over their expenses (C)." | ||
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| + | Sometimes the examples can be simpler than this model: for example when Dred is both the DutyBearer and the Thing or when a RightHolder is his own Enforcer. | ||
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| + | For more explanation of this model and how it applies to economics, see: | ||
| + | * [[A Positive Model Of Rights]] | ||
| + | </includeonly> | ||
| + | </onlyinclude> | ||
