Private property, coercion, and the Impossibility of libertarianism

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Description
Libertarians affirm the right to liberty, i.e., the right to do what one wants free from interference. Libertarians also affirm the right to private property. One objection to libertarianism is that private property relations restrict liberty. This objection appears to

Libertarians affirm the right to liberty, i.e., the right to do what one wants free from interference. Libertarians also affirm the right to private property. One objection to libertarianism is that private property relations restrict liberty. This objection appears to have the consequence that libertarianism is an incoherent position. I examine Jan Narveson's version of the libertarian view and his defense of its coherence. Narveson understands the right to liberty as a prohibition on the initiation of force. I argue that if that is what the right to liberty is, then the enforcement of property rights violates it. I also examine Narveson's attempt to support private property with his distinction between interference with and mere prevention of activity and argue that this distinction does not do the work that he needs it to do. My conclusion is that libertarianism is, in a sense, impossible because conceptually unsound.
Date Created
2011
Agent

Analytic functionalism as a foundation for the contention that a non-biological machine (Android) can be viewed as both a legal and a moral person

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Description
This Thesis contends that if the designer of a non-biological machine (android) can establish that the machine exhibits certain specified behaviors or characteristics, then there is no principled reason to deny that the machine can be considered a legal person.

This Thesis contends that if the designer of a non-biological machine (android) can establish that the machine exhibits certain specified behaviors or characteristics, then there is no principled reason to deny that the machine can be considered a legal person. The thesis also states that given a related but not necessarily identical set of characteristics, there is no principled reason to deny that the non-biological machine can make a claim to a level of moral personhood. It is the purpose of my analysis to delineate some of the specified behaviors required for each of these conditions so as to provide guidance and understanding to designers seeking to establish criteria for creation of such machines. Implicit in the stated thesis are assumptions concerning what is meant by a non-biological machine. I use analytic functionalism as a mechanism to establish a framework within which to operate. In order to develop this framework it is necessary to provide an analysis of what currently constitutes the attributes of a legal person, and to likewise examine what are the roots of the claim to moral personhood. This analysis consists of a treatment of the concept of legal personhood starting with the Greek and Roman views and tracing the line of development through the modern era. This examination then explores at a more abstract level what it means to be a person. Next, I examine law's role as a normative system, placing it within the context of the previous discussions. Then, criteria such as autonomy and intentionality are discussed in detail and are related to the over all analysis of the thesis. Following this, moral personhood is examined using the animal rights movement of the last thirty years as an argument by analogy to the question posed by the thesis. Finally, all of the above concepts are combined in a way that will provide a basis for analyzing and testing future assertions that a non-biological entity has a plausible claim for legal or moral personhood. If such an entity exhibits the type of intentionality and autonomy which humans view as the foundation of practical reason, in combination with other indicia of sentience described by "folk psychology", analytic functionalism suggests that there is no principled reason to deny the android's claim to rights.
Date Created
2011
Agent