Last week, S.M. Oliva wrote* for the Mises Economics Blog:
“Let’s say that, in fact, creation is a source of property rights. Does that mean parents have intellectual property rights in their children? After all, they created them.”
Since then, I’ve had some thoughts on that.
Parents can’t own their offspring, regardless of their labor they exerted and “tools” they used, because their “product” happens to be another separate, individual human being.
Human beings inherently have natural, inalienable rights, among them the rights to life and liberty. Part of the right to life and liberty is the right of an individual to self-ownership. The right to self-ownership begins when the human being begins. But when does the human being’s life actually begin?
At the time of the Roe v. Wade decision, the concept of “personhood” was brought up by Justice Harry Blackmun:
“(If the) suggestion of personhood [of the preborn] is established, the [abortion rights] case, of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”
I’ve seen references to “personhood,” “viability,” “sentience,” and “consciousness, “ and I have some questions.
What is the viability of a born baby? If baby is left alone for a particular amount of time, one cannot survive for very long, because at that early stage of development one is dependent on one’s caretakers for feeding. The same can be said of a 2-year-old, maybe even older children, although the older the child, the more able one is to go out and seek food, unless one is locked inside and can’t get out. Is there a difference between the viability of a born individual and an unborn individual (at whatever stage of development)?
What about “sentience” and “consciousness?” How do we know whether or not a two-month-old “fetus” or a 2-day-old “fetus” can have any physical sensation or conscious awareness? If it is important whether or not that individual has sentience or consciousness in considering whether that individual has any right to life and liberty, and self-ownership, then, what about a born human being or a grown adult who has a neurological disorder and has no “sentience” or who is in a “persistent vegetative state” and has no consciousness, but is still “alive” (or can be kept alive via artificial means)?
I can’t say for sure that a human life begins at conception (although I believe that to be the case and have believed that for 20 years now), but I can sure say without any doubt that, IF a human life begins at conception, then self-ownership begins at conception. And IF that actually were the case, then those of the female gender would have an extra burden–and responsibility–that those of the male gender just don’t have.
* Update, October 2014: Broken link preserved at the Wayback Machine.