Viruses and Property Rights
By Duncan Whitmore
In recent post on the LRC blog, Michael S Rozeff has attempted to demonstrate that pro-freedom arguments made in terms of self-ownership, private property, or the non-aggression principle are ill-equipped to handle a problem such as a contagious virus. It is not entirely clear whether Rozeff is arguing that “property rights solutions” are inherently unable to address such matters, and/or whether they are merely unpersuasive compared to other arguments that libertarians have at their disposal (such as utilitarian arguments). Either way, however, much of what Rozeff says is severely wanting.
Libertarians who attempt to apply 100% body ownership to every situation run into insoluble problems. They frequently try to solve them by deciding what is aggression and what is not, or equivalently who has rights or not, or equivalently whose 100% body property rights are being violated. Sometimes the suggested solutions involve odd behavior that looks immoral, and the confusing and arguable rejoinder is that body ownership theory is a theory of rights, not morality.
In the first place, it is misleading to characterise the libertarian position as one of “100% body ownership” for it conveys the impression that anyone should be able, quite literally, to do whatever they like with their bodies. The correct position is that you should be able to do what you want with your body provided that it does not physically interfere with the body or property of another person without that person’s consent. Rozeff, both here and later, seems to ignore this basic but important qualification. Read more