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

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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.ong>Cohenong> reproduces the argument against liberal property put forthby Sir Robert Pilmer (1991,234), an apologist for royal absolutism:Certainly it is a rare felicity that all the men in the world at one instantof time should agree together in one mind to change the natural communityof things into private dominion. For without such an unani- .mous consent it was not possible for community to be altered. For ifbut one man in the world had dissented, the alteration had been unjust,because that man by the law of nature had a right to the commonuse of all things in the world, so that to have given a property of anyone thing to any other had been to have robbed him of his right tothe common use of all things.Locke, who was replying to Filmer, rejected joint ownership of thissort (in which each joint owner has a veto right, requiring unanimityfor anything to be appropriated and consumed) as a baseline: “If sucha consent as that was necessary, Mankind had starved, notwithstandingthe Plenty God had given him” (flu0 neutises, 11.28). By assertingproperty in one’s person, Locke managed to avoid the trap set byFilmer, forThough the Earth, and all inferior Creatures be common to all Men,yet every Man has a Property in his own Person. This no Body has anyRight to but himself. The Labour of his Body, and the Work of hisHands, we may say, are properly his. Whatsoever then he removes outof the State that Naturehaih provided, and left it in, he hath mixed his’

Pulmer * ong>Cohenong> on Property and Equality 245Labour with, and joyned to it something that is his own, and therebymakes it his Properfy. (Ibid., 11.27)’’It is property in one’s person that justifies the appropriation of that towhich everyone earlier had a right. ong>Cohenong>’s attempted. rebuttal doesnot shake this connection; ong>Cohenong>’s case against libertariatlism rests onbasic errors of reasoning and fails on its own terms.There are certainly many observable scenarios in which one oranother form of joint ownership is highly desirable, such as partnerships,co-ops, various sorts of clubs and religious institutions, andmarriages, but there is no reason to posit that joint ownership is theonly rational or desirable arrangement, nor that property in severaltyis irrational or immoral. Nor does ong>Cohenong> even offer any goodreason as to why joint ownership should be seriously entertained atall; the only justification that ong>Cohenong> offers for attempting to workthrough the logic of joint ownership is that joint ownership is “intuitivelyplausible.” To say that one’s intuition tells one that a claimis reasonable or probable is hardly to offer an argument on its behalf’,and, in any case, ‘‘joint ownership” or “positive community” hascertainly been considered by defenders of several property and decisivelyrejected for very good reasons, as opposed to mere intuition.Finally, ong>Cohenong> has failed to demonstrate that the unequal divisionof joint products is irrational (much less. that it is immoral).The central pillars of ong>Cohenong>’s polemic against conjoining propertyin one’s person with several property rest on errors of reasoning; hisargument against the conjunction of property in one’s person withseveral property will have to proceed without his often-cited but erroneousclaims about the bargaining situation of self-owners whoown the world jointly. His bare assertion of the “plausibility” of positivecommunity is not an argument for a policy that has been rejectedfor clear and compelling reasons by many other writers on the topic.It may be that libertarian claims about the conjunction of propertyin one’s person and property in the world are false, but, if so, it is notfor the reaso‘ls that ong>Cohenong> has advanced.I ’NOTESr. ong>Cohenong>’s criticisms have appeared in numerous forms and publications, notablyong>Cohenong> 1985, ong>Cohenong> r986a, ong>Cohenong> 1986b, and ong>Cohenong> 1989, and havebeen revised and collected together in ong>Cohenong> 1995.

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.

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