G. A. Cohen on Self-Ownership, Property, and ... - Tom G. Palmer
G. A. Cohen on Self-Ownership, Property, and ... - Tom G. Palmer G. A. Cohen on Self-Ownership, Property, and ... - Tom G. Palmer
244 Critical Review Vol. 12, No. 3the distinction between negative and positive community when consideringclaims, by Locke and other writers on several property, that,prior to appropriation, the world was open to mankind in common.As Pufendorf (1994,178) noted quite explicitly,It is plain that before all human agreements there was a=communion ofall things. Not a positive communion, of course, but a negative one;that is, all things were available to all and belonged no more to one personthan to another. But since things are not use&l to men unless atleast their fmits are laid hold of, and indeed, since this is done in vain ifothers are in turn allowed to seize what we have already actively intendedfor our own use, the first agreement among mortals concerningthings is understood to have been this: Whatever anyone had taken forhimself from the common stock or its fruits, with the intention of usingit for himself, would not be seized from him by another.
Pulmer *
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Pulmer * <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> <strong>on</strong> <strong>Property</strong> <strong>and</strong> Equality 245Labour with, <strong>and</strong> joyned to it something that is his own, <strong>and</strong> therebymakes it his Properfy. (Ibid., 11.27)’’It is property in <strong>on</strong>e’s pers<strong>on</strong> that justifies the appropriati<strong>on</strong> of that towhich every<strong>on</strong>e earlier had a right. <str<strong>on</strong>g>Cohen</str<strong>on</strong>g>’s attempted. rebuttal doesnot shake this c<strong>on</strong>necti<strong>on</strong>; <str<strong>on</strong>g>Cohen</str<strong>on</strong>g>’s case against libertariatlism rests <strong>on</strong>basic errors of reas<strong>on</strong>ing <strong>and</strong> fails <strong>on</strong> its own terms.There are certainly many observable scenarios in which <strong>on</strong>e oranother form of joint ownership is highly desirable, such as partnerships,co-ops, various sorts of clubs <strong>and</strong> religious instituti<strong>on</strong>s, <strong>and</strong>marriages, but there is no reas<strong>on</strong> to posit that joint ownership is the<strong>on</strong>ly rati<strong>on</strong>al or desirable arrangement, nor that property in severaltyis irrati<strong>on</strong>al or immoral. Nor does <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> even offer any goodreas<strong>on</strong> as to why joint ownership should be seriously entertained atall; the <strong>on</strong>ly justificati<strong>on</strong> that <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> offers for attempting to workthrough the logic of joint ownership is that joint ownership is “intuitivelyplausible.” To say that <strong>on</strong>e’s intuiti<strong>on</strong> tells <strong>on</strong>e that a claimis reas<strong>on</strong>able or probable is hardly to offer an argument <strong>on</strong> its behalf’,<strong>and</strong>, in any case, ‘‘joint ownership” or “positive community” hascertainly been c<strong>on</strong>sidered by defenders of several property <strong>and</strong> decisivelyrejected for very good reas<strong>on</strong>s, as opposed to mere intuiti<strong>on</strong>.Finally, <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> has failed to dem<strong>on</strong>strate that the unequal divisi<strong>on</strong>of joint products is irrati<strong>on</strong>al (much less. that it is immoral).The central pillars of <str<strong>on</strong>g>Cohen</str<strong>on</strong>g>’s polemic against c<strong>on</strong>joining propertyin <strong>on</strong>e’s pers<strong>on</strong> with several property rest <strong>on</strong> errors of reas<strong>on</strong>ing; hisargument against the c<strong>on</strong>juncti<strong>on</strong> of property in <strong>on</strong>e’s pers<strong>on</strong> withseveral property will have to proceed without his often-cited but err<strong>on</strong>eousclaims about the bargaining situati<strong>on</strong> of self-owners whoown the world jointly. His bare asserti<strong>on</strong> of the “plausibility” of positivecommunity is not an argument for a policy that has been rejectedfor clear <strong>and</strong> compelling reas<strong>on</strong>s by many other writers <strong>on</strong> the topic.It may be that libertarian claims about the c<strong>on</strong>juncti<strong>on</strong> of propertyin <strong>on</strong>e’s pers<strong>on</strong> <strong>and</strong> property in the world are false, but, if so, it is notfor the reaso‘ls that <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> has advanced.I ’NOTESr. <str<strong>on</strong>g>Cohen</str<strong>on</strong>g>’s criticisms have appeared in numerous forms <strong>and</strong> publicati<strong>on</strong>s, notably<str<strong>on</strong>g>Cohen</str<strong>on</strong>g> 1985, <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> r986a, <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> 1986b, <strong>and</strong> <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> 1989, <strong>and</strong> havebeen revised <strong>and</strong> collected together in <str<strong>on</strong>g>Cohen</str<strong>on</strong>g> 1995.