tag:blogger.com,1999:blog-1674709389503889160.post1961999760578488820..comments2024-03-25T14:25:25.102+00:00Comments on Poetry as Socio-proctology: Property rights vs Bodily rightswindwheelhttp://www.blogger.com/profile/18099651877551933295noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1674709389503889160.post-74166284681363300692013-11-10T21:24:27.280+00:002013-11-10T21:24:27.280+00:00Why do property rights require more deference and ...Why do property rights require more deference and acknowledgment of a greater range of authority? Surely anything that can be achieved with respect to the enforcement of a property right could be just as well be achieved by the upholding of a bodily right? <br />Take two different 'bodily rights'- viz. the right to privacy, which is not assignable in most jurisidictions, and the right to publicity, which is and thus behaves like a property right. Clearly they can have exactly the same effect.<br />I don't see why a greater range of authority arises- Sure the same Court can chose to preserve privity by expanding the scope of torts and vice versa, as well as either decree sanctions against bodies or property?<br />One other point- justificatory liberalism, in the context of things which are Schelling focal points (i.e. solve a Co-ordination or Concurrency or other such problem), simply isn't going to have the sort of properties that Gaus thinks. Indeed, the idionomic holdout with impredicative views- i.e. the person who feels it her duty to refute very justification of the Schelling focal point- is correct to do so because we know in advance that it is bound to be sub-optimal.windwheelhttps://www.blogger.com/profile/18099651877551933295noreply@blogger.comtag:blogger.com,1999:blog-1674709389503889160.post-7903568193946022922013-11-09T16:59:41.029+00:002013-11-09T16:59:41.029+00:00Many thanks for the reference. Many thanks for the reference. windwheelhttps://www.blogger.com/profile/18099651877551933295noreply@blogger.comtag:blogger.com,1999:blog-1674709389503889160.post-20553576806069329712013-11-09T16:09:31.543+00:002013-11-09T16:09:31.543+00:00Prof Gaus has tackled the question of contested co...Prof Gaus has tackled the question of contested concepts in Public justification theory. 'Deference' has a technical meaning in this context. We are morally obliged to defer to certain sorts of judgements because either they are a solution to a Co-ordination problem or have been arrived at by some procedure we recognize to be legal or democratic or procedurally correct- see 'the order of public reason' and Justifactory liberalism.Anonymousnoreply@blogger.com