| Myriad contemporary public-policy issues—including physician-assisted suicide, medical marijuana, abortion, surrogate motherhood, gay rights, conscription, and markets in human organs—raise the following important question: what rights should individuals have over their own bodies? The concept of self-ownership offers one way to answer this question. Just as ownership of an external object involves having rights, liberties, powers, immunities, etc., with respect to it, so self-ownership involves having these incidents of ownership with respect to one's own body and labor power.; Much of the contemporary debate over self-ownership has been about which of these incidents should be included in its definition. This dissertation proposes a particular configuration of incidents called Control Self-Ownership (CSO), consisting of permanent rights in rem (i.e., against the world) of use, exclusion, and transfer over one's own body and labor power. As I show, this conception of self-ownership is coherent—two of its incidents (use and transfer) can be either directly or indirectly derived from the third (exclusion)—but it creates difficulties for the political theorists who use it. For example, liberal egalitarians' tentative adoption of CSO forces them to be not only more liberal but also less egalitarian than they would otherwise be, whereas libertarians' efforts to adopt CSO but also extend it to include a right to labor income are unsuccessful, leaving their opposition to redistributive labor taxation ungrounded.; The dissertation also shows that CSO can act as a mediating concept between policy prescriptions, including the decriminalization of “victimless” crimes and the abolition of forced labor (e.g., conscription). More specifically, I demonstrate that CSO is tightly linked to autonomy by developing two distinct but interrelated Kantian defenses of it. I also argue that CSO is highly inconsistent with several existing and proposed nonmarket institutions to allocate transplantable human organs but that it can provide moral support (in conjunction with other principles) for markets in human organs. The dissertation concludes with a critical examination of anticommodificationist and social-contract critiques of self-ownership. |
