Property Rights and Personal Rights
Property rights are also distinguished from personal rights. Practically all contemporary societies acknowledge this basic ontological and ethical distinction. In the past, groups lacking political power have often been disqualified from the benefits of property. In an extreme form, this has meant that people have become "objects" of property—legally "things" or chattels. (See slavery.) More commonly, marginalized groups have been denied legal rights to own property. These include Jews in England and married women in Western societies until the late 19th century.
The dividing line between personal rights and property rights is not always easy to draw. For instance, is one's reputation property that can be commercially exploited by affording property rights to it? The question of the proprietary character of personal rights is particularly relevant in the case of rights over human tissue, organs and other body parts.
There have been recent cases of women being subordinated to the fetus, through the imposition of unwanted caesarian sections. English judges have recently made the point that such women lack the right to exclusive control over their own bodies, formerly considered a fundamental common-law right. In the United States, a "quasi-property" interest has been explicitly declared in the dead body. Also in the United States, it has been recognised that people have an alienable proprietary "right of publicity" over their "persona". The patent\patenting of biotechnological processes and products based on human genetic material may be characterised as creating property in human life.
A particularly difficult question is whether people have rights to intellectual property developed by others from their body parts. In the pioneering case on this issue, the Supreme Court of California held in Moore v. Regents of the University of California (1990) that individuals do not have such a property right.
Read more about this topic: Property Law
Famous quotes containing the words property, rights and/or personal:
“Oh, had I received the education I desired, had I been bred to the profession of the law, I might have been a useful member of society, and instead of myself and my property being taken care of, I might have been a protector of the helpless, a pleader for the poor and unfortunate.”
—Sarah M. Grimke (1792–1873)
“A state that denies its citizens their basic rights becomes a danger to its neighbors as well: internal arbitrary rule will be reflected in arbitrary external relations. The suppression of public opinion, the abolition of public competition for power and its public exercise opens the way for the state power to arm itself in any way it sees fit.... A state that does not hesitate to lie to its own people will not hesitate to lie to other states.”
—Václav Havel (b. 1936)
“I leave the governor’s office next week, and with it public life ... [which] has been on the whole a pleasant one. But for ten years and over my salaries have not equalled my expenses, and there has been a feeling of responsibility, a lack of independence, and a necessary neglect of my family and personal interests and comfort, which make the prospect of a change comfortable to think of.”
—Rutherford Birchard Hayes (1822–1893)