Monday, June 10, 2019

Ownership Rights over Ones Person Essay Example | Topics and Well Written Essays - 2000 words

Ownership Rights over Ones Person - Essay ExampleHowever, quite a few pundits piss believed that Lockes argument is however applicable in the state of nature but not in civil society, where stead is decided not by ones work or enterprise 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 some sense at least, to have the greatest possible interest in the thing. (Clarke 2005, p. 180) Another definition of ownership categorizes the owner as an individual who has ultimate control. (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 rights and incidents, it is to be understood that ownership has a social aspect and the interest over it is not unbounded. The right to ownership is not absolute there atomic number 18 some limitations to the consumption of ones right to property a nd ownership. Basic examples of these limitations include the suppression of nuisance and injurious usage of a property legal responsibility to taxation, execution and expropriation State rules intended to regulate the riding habit of property and sometimes, imposition 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 humansagement 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 shall be used. The income incidents, in contrast, include the right to income or the fruits, profits and rent produced by the thing owned. Other inci dents consist of the right to capital, right to security, power of transmissibility, the absence of term, the prohibition of harmful use, liability to execution and the incident of residuarity.Being incidents of ownership, the foregoing rights are inherent in the thought of ownership of property.Now that the basic definition and concept of property and ownership have already been extensively discussed, lets go back 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 requirement meaning 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 ow nership over his person Can one appropriate and alienate his own person What about his own bodyThe answer

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