Difference between revisions of "A Positive Model Of Rights"
From Critiques Of Libertarianism
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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''': | 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''': | ||
: B<sub>Ra</sub> > F<sub>Ra</sub> (Benefit to RightHolder is greater than Fees paid by RightHolder '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') | : B<sub>Ra</sub> > F<sub>Ra</sub> (Benefit to RightHolder is greater than Fees paid by RightHolder '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') | ||
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An Enforcer would be willing to assess Penalties when Fees are greater than Costs: | An Enforcer would be willing to assess Penalties when Fees are greater than Costs: | ||
: F<sub>Ea</sub> > C<sub>Ea</sub> (Fees to Enforcer are greater than Costs of enforcement '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') | : F<sub>Ea</sub> > C<sub>Ea</sub> (Fees to Enforcer are greater than Costs of enforcement '''averaged''' over DutyBearer's '''cooperation''' and '''defection''') | ||
| − | Rights are created 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. | + | 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: |
| + | : O<sub>Dc</sub> + F<sub>Dc</sub> < P<sub>Dd</sub> + O<sub>Dd</sub> + F<sub>Dd</sub> (Penalties + Opportunity Costs to DutyBearers are less when cooperating than defecting) | ||
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| + | Rights are created 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. | ||
varying the assumptions of how costs and benefits are borne to | varying the assumptions of how costs and benefits are borne to | ||
