:This essay explores the meaning and normative significance of Locke’s depiction of individuals as proprietors of their own person. I begin by reconsidering the long-standing puzzle concerning Locke’s simultaneous endorsement of divine proprietorship and self-ownership. Befuddlement vanishes, I contend, once we reject concurrent ownership in the same object: while God fully owns our lives, humans are initially sole proprietors of their own person. Locke employs two conceptions of “personhood”: as expressing legal independence vis-à-vis humans and moral accountability vis-à-vis God. Humans (...) own their person in the first sense. As original proprietors of their own person, individuals are entitled to subject themselves to self-chosen authorities, thereby incurring obligations of obedience. But they may not choose just any authority. Divine ownership of human life delimits personal self-ownership by restricting the ways in which humans can dispose of their persons: we cannot possibly consensually subject ourselves to absolute and arbitrary power. Locke’s rights-forfeiture theory for crime makes slavery and despotism nonetheless potentially rightful conditions. I argue that, paradoxically, divine dominium of human life underpins both the impermissibility of voluntary enslavement and the justifiability of penal slavery. My analysis helps explain why modern Lockean theories of self-ownership that reject Locke’s theological premises have adopted an ambiguous stance toward despotic rule. (shrink)

Algunas formulaciones de la filosofía política reciente han descuidado el carácter históricamente indexado de conceptos como libertad política, propiedad o soberanía, propiciando un uso anacrónico e impreciso de su significado. No obstante, su posición académica y social dominante informa el «sentido común» filosófico- político de nuestra época. Locke constituye un ejemplo de cómo la coyuntura interpretativa liberal, que se desplegó en el siglo XIX y se consolidó en el XX, ha oscurecido una parte de la complejidad y pluralidad de las (...) tradiciones intelectuales y normativas que heredó. La reconstrucción de la filosofía política lockeana a partir de su concepción fiduciaria de la libertad política contribuye a hacer de nuevo visible el significado de algunas concepciones fundamentales para la teorización normativa presente. (shrink)

Purpose – The purpose of this paper is to analyse the current status of ownership of patient information from a Lockean perspective and then present Datenherrschaft as a new model for patient ownership of patient information. Design/methodology/approach – This paper is theoretical in approach. It is based on arguments derived from Locke’s Two Treatises of Government. Legal examples of the current situation are derived from Finnish, UK and Swedish legislation. Findings – Current legislation concerning patient information is not clearly formulated (...) and so recognising a new right on the part of the patient, Datenherrschaft, would be an ethically justifiable way of remedying the issue. Research limitations/implications – The legal analysis was limited to Finland, the UK and Sweden, and so other legislation should be looked at in future research. Datenherrschaft is used as an example of an ethically justified way of regulating patient information ownership and should be analysed further. Originality/value – Patient information ownership is an issue that is not unambiguously solved in many countries, nor has it, in our view, been ethically justified. The potential solution presented in this paper is clear and has strong ethical justifications. (shrink)

The most important parent of the idea of property in the person is undoubtedly John Locke. In this article, we argue that the origins of this idea can be traced back as far as the third century BCE, to classical Stoicism. Stoic cosmopolitanism, with its insistence on impartiality and the moral equality of all persons, lays the foundation for the idea of self-ownership, which is then given support in the doctrine of oikeiosis and the corresponding belief that nature had made (...) all human beings equal, self-preserving, and self-regarding. On the Stoic account, self-ownership is a natural correlate and consequence of oikeiosis, the natural urge to self-preservation, proprioception, and the individuation that came with it. In recognising that people are separate and individual, and entrusting each individual’s welfare to herself, Zeus appears to make everyone a ‘self-guardian’. We uniquely argue that Locke was directly inspired by these Stoic ideas, which he then develops and incorporates into his own theory. (shrink)