Difference between revisions of "A Positive Model Of Rights"
From Critiques Of Libertarianism
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Let's start with a simple story, a diagram and an explanatory table. | 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 | + | 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 to let Ronnie 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. | * 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. | * Eddie is an '''Enforcer''' who makes threats and follows up if Ronnie's right is violated. | ||
| − | * The denizens of Dallas are '''DutyBearers''': a duty | + | * The denizens of Dallas are '''DutyBearers''': a duty to let Ronnie pick the tangerines is forced on them by Eddie, otherwise by preventing Ronnie from picking, they could have more tangerines for themselves. |
* The tangerines are a '''Thing''' that is controlled by the right. | * The tangerines are a '''Thing''' that is controlled by the right. | ||
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* Ronnie receives the '''Benefits''' of the Thing: the tangerines. | * Ronnie receives the '''Benefits''' of the Thing: the tangerines. | ||
* Eddie receives the '''Fees''' for enforcement. Fees could come from any of the '''RightHolder''', the '''Thing''' or the '''DutyBearers'''. | * Eddie receives the '''Fees''' for enforcement. Fees could come from any of the '''RightHolder''', the '''Thing''' or the '''DutyBearers'''. | ||
| − | * The denizens of Dallas have an '''Opportunity Cost''': if it wasn't for Eddie, they could have | + | * The denizens of Dallas have an '''Opportunity Cost''': if it wasn't for Eddie, they could have more 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 has an enforcement '''Cost'''. | ||
* If the denizens of Dallas don't obey Eddie, Eddie will give them a '''Penalty'''. | * If the denizens of Dallas don't obey Eddie, Eddie will give them a '''Penalty'''. | ||
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In English prose: | In English prose: | ||
| − | :A "right" is of the form "'''RightHolder''' (R) claims a right to control a '''Thing''' (T), receiving '''Benefits''' (B); | + | :A "right" is of the form "'''RightHolder''' (R) claims a right to control a '''Thing''' (T), receiving '''Benefits''' (B); with a correlate obligation (or duty) for '''DutyBearers''' (D) to permit this despite incurring '''Opportunity Costs''' (O) because of threatened '''Penalties''' (P) produced at a '''Cost''' (C) by an '''Enforcer''' (E) paid '''Fees''' (F)". |
'''Benefits''' (B), '''Opportunity Costs''' (O), '''Penalties''' (P), '''Cost''' (C) and '''Fees''' (F) are all assumed to be values | '''Benefits''' (B), '''Opportunity Costs''' (O), '''Penalties''' (P), '''Cost''' (C) and '''Fees''' (F) are all assumed to be values | ||
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| − | 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 a slaveowner), 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> | + | 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 a slaveowner), 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. [https://plato.stanford.edu/entries/rights/#2.1 In addition, this is the atomic form of a right: rights usually come in molecular groupings to form complex rights.]<includeonly> |
For more explanation of this model and how it applies to economics, see: | For more explanation of this model and how it applies to economics, see: | ||
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=== Slavery === | === 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>)." | "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>)." | ||
| + | |||
| + | === Group Rights === | ||
| + | There is nothing in this model which excludes group rights. The term RightHolder can just as well apply to collectives and the institutions that support them. Governments, corporations, partnerships, etc. This is contrary to unfounded assertions that only individuals have rights. This is why law has the concept of [https://en.wikipedia.org/wiki/Legal_person legal or juridical persons]. | ||
=== Commons Without Scarcity === | === Commons Without Scarcity === | ||
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=== Differences In Rights Between Jurisdictions === | === Differences In Rights Between Jurisdictions === | ||
| + | |||
| + | == Rights Versus Liberties == | ||
| + | A Right in this model includes a liberty (a Hohfeldian no-right to enjoy Benefits) that is protected from interference by enforced Duty. All Duty removes liberty (in this case by created Opportunity Costs and Penalties) from DutyBearers. | ||
== Competition Between Alternative Rights Claims == | == Competition Between Alternative Rights Claims == | ||
