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, property, rights and/or personal:
“Strange and predatory and truly dangerous, car thieves and muggers—they seem to jeopardize all our cherished concepts, even our self-esteem, our property rights, our powers of love, our laws and pleasures. The only relationship we seem to have with them is scorn or bewilderment, but they belong somewhere on the dark prairies of a country that is in the throes of self-discovery.”
—John Cheever (1912–1982)
“The charming landscape which I saw this morning is indubitably made up of some twenty or thirty farms. Miller owns this field, Locke that, and Manning the woodland beyond. But none of them owns the landscape. There is property in the horizon which no man has but he whose eye can integrate all parts, that is, the poet. This is the best part of these men’s farms, yet to this their warranty-deeds give no title.”
—Ralph Waldo Emerson (1803–1882)
“The freedom to share one’s insights and judgments verbally or in writing is, just like the freedom to think, a holy and inalienable right of humanity that, as a universal human right, is above all the rights of princes.”
—Carl Friedrich Bahrdt (1740–1792)
“The primary imperative for women who intend to assume a meaningful and decisive role in today’s social change is to begin to perceive themselves as having an identity and personal integrity that has as strong a claim for being preserved intact as that of any other individual or group.”
—Margaret Adams (b. 1916)