Conflating Use with Ownership
In spite of the fact that this critique seems definitive, a closer look will reveal to us its flaws. Contrary to the claim of Callahan and Murphy, the argument by performative contradiction does not conflate use with ownership. The illusion of this conflation comes from the fact that when they are applied to the body of an intentional agent, “use” and “ownership” simply overlap. However, “use” and “ownership” can be distinguished on logical grounds. Clearly, from the very fact that one sits on a chair it is impossible to infer that she is its owner. To determine the ownership, one has to find out who decides upon its use. This distinction between “use” and “ownership” is commonly illustrated by the difference in a firm between manager and owner. The function accomplished by a manager who takes all the current decisions concerning the use of resources in a firm is different from the function of an owner who decides as a last resort.
The last resort decision is epitomized by the fact that the owner can decide to fire the manager. In fact, the owner decides who should make the current decisions in a firm. Besides this distinction, the crucial question in ethics is: “Who has the legitimate ownership?” A different formulation may be: “Who has the right to own a specific resource?” Of course, from an ethical point of view an owner, i.e., a person who effectively control as a last resort a specific good, is not necessarily its legitimate owner. Here it is an obvious question to ask: am I the legitimate owner of the chair on which I am sitting right now?
Let us now apply this idea to self-ownership. If one can lose the ultimate control of a firm by selling it, she can never lose control of her body. The difference consists on the fact that contrary to the ownership on land, the ownership on the body cannot be denied or abandoned. It is conceivable that a person does not own a piece of land. But it is inconceivable that a person does not own herself. By definition, self-ownership can be withdrawn only by cancelling the agent’s intentionality (free-will and conscience), i.e., by transforming her into a zombie or robot. For most of the scholars, this is the common way to understand self-ownership. “Man can neither be inherited, nor sold, nor given; he can be no one’s property” (Fichte, [1793] 1996, 124). Now it appears clearly why the “use of the body” and the “self-ownership” (even though they are logically distinct) have the same extension. While it is possible to sit on a chair without being its owner, it is impossible to use a body and not being its owner. This is the case because, one cannot not use her own body and one cannot not decide as a last resort of the action of her own body.
While the ownership in her own body cannot be alienated, one can be nonetheless coerced to act otherwise than she would have wished. This is the case of slaves, prisoners, victims of occasional robberies, etc. The master does not own a slave as one may own a piece of land. An owner of slaves does not own bodies but can coerce the self-owners to use their own bodies according to her wishes. Since land can be acquired, sold or stalled, the question to ask from an ethical standpoint is: am I the legitimate owner of the land? Obviously, the body cannot be acquired, sold or stalled but it can be aggressed.
Therefore, the right to self-ownership means the right to be free from coercion. As we have seen since the beginning of this article, this is precisely the sense of the self-ownership axiom. From this point of view, slaves should be considered coerced self-owners. The slaves have as a last resort the ultimate choice to obey their master or to revolt against her.