Tuesday, April 23, 2019
Ownership Rights over Ones Person Essay Example | Topics and Well Written Essays - 2000 words
Ownership Rights over Ones individual - Essay ExampleHowever, quite a few pundits have believed that Lockes argument is only applicable in the state of nature but not in civil society, where property is decided not by ones work or effort but by laws. (Arneil 1996, p. 155)On the other hand, ownership is defined as a particular type of property interest in which the person designated as owner is deemed, in any(prenominal) sense at least, to have the greatest possible interest in the thing. (Clarke 2005, p. 180) Another interpretation of ownership categorizes the owner as an individual who has ultimate defend. (Waldron 1988, p. 47) But this theory cannot be said to be without any flaw. Although it has been said that ownership carries with it property salutarys and incidents, it is to be understood that ownership has a social verbalism and the interest over it is not unbounded. The beneficial to ownership is not absolute there are some limitations to the enjoyment of ones right t o property and ownership. Basic examples of these limitations include the prohibition of nuisance and injurious usage of a property legal responsibility to taxation, execution and expropriation State rules intended to regulate the use of property and sometimes, fabrication of certain obligations.While there are some limitations to the enjoyment of ones property a... In the incident of control, the right to possession, use and management are included.The right to possess is that inherent right to obtain physical control over the thing, while the right to use is characterized by the owners personal use and enjoyment of the thing owned. both of these rights include consumption and modification. The right to manage, on the other hand, is that right to choose and determine the manner and the person with which and with whom the thing owned sh every(prenominal) be used. The income incidents, in contrast, include the right to income or the fruits, profits and rent produced by the thing own ed. Other incidents consist of the right to capital, right to security, power of transmissibility, the absence of term, the prohibition of harmful use, indebtedness to execution and the incident of residuarity.Being incidents of ownership, the foregoing rights are inherent in the concept of ownership of property. like a shot that the basic definition and concept of property and ownership have already been extensively discussed, lets go prickle to the earlier question with regard to the classification of body and/or its parts as property.In his book Second Treatise of Government, John Locke wroteThough the earth and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has a right to but himself. The labour of his body and the work of his hands, we may say, are probably his. (Locke 2004, 17)The essential cerebrateing of this connotation is that, a human being has all the right and ownership over his own person. But does it mean he can have all the incidents of ownership over his person Can one portion and alienate his own person What about his own bodyThe answer
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