Yesterday, the Rob Waller’s twitter experiments pushed the announcement of Tom Borroughs talk on the Intellectual Property dilemma into the twitterverse. Marmaduke Dando, singer and distant associate of this parish tweeted back:
@RobDWaller @LibertarianHome Accept property in general is a construct, and there will be no dilemma over intellectual property
— Marmaduke Dando (@marmadukedando) March 20, 2012
Twitter can be a bear pit at the best of times, and I stayed away from attempting to comprehensively detail my points and best my opponent using 140 character soundbites. Marmaduke has proved, however, that he is a worthy opponent and I hope our intellectual duel may continue here. You can call it a tactical retreat if you wish, this is indeed Home turf, but I stand by my pre-emptive excuses.
Calling property a construct or an illusion is not sufficient to win an argument. The idea that it is an illusion must be something that can be lived by consistently and with integrity, and Marmaduke’s own tweets reveal that it cannot.
I had challenged Mr Dando to lend me his toothbrush, because I assume he owns one and I further assumed (correctly, I detect) that he feels a sense of ownership over it, that is, he would not readily give up such a personal item for uses that may not be entirely hygienic from his perspective. Of course, Marmaduke protests that of course he would give it up if he felt that my needs warranted sharing his toothbrush with me. My invented scenario that I wanted to be away from home and therefore needed his toothbrush was deemed to be insufficient. Of course, I thoroughly support Marmaduke’s right to tell me where to go over his toothbrush but I protest that when he admitted that my right to his toothbrush was contingent upon the context and subject to his consent, then he is making a claim to a right of witholding that consent. That claim of witholding consent is exactly a claim to a property right. A right to control his own toothbrush.
This may seem like a trivial scenario, but I selected it carefully. You might think that I conceded too much ground by pretending that I merely wanted to be away from home, but people have won this same argument on a much grander scale having conceded the very same ground, and I protest that they should not have won that argument for the same reasons Marmaduke should not have given me his toothbrush.
When a barren woman asks the NHS for fertility treatment, or a poor woman votes in favour of child benefits they rarely are able to claim that they need to have a child. In most cases they want to have a child but cannot afford to do it in their circumstances. They cannot afford to pay for assistance with conception or they cannot afford to feed the child, it doesn’t matter which, the child may be a huge value to them but it is not essential to their survival. I certainly do sympathise with anyone who finds themselves in this scenario, but the honest rational truth is they they would not have met the Marmaduke Dando Test of being “cold and starving”, at least not before choosing to have the child. They would not have been given the singers toothbrush and do not deserve our shilling.
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