自己所有権から自己所有へ

―二つの能力概念の差異に基づいた転換―

抄録

This article focuses on sell-ownership and articulates it. Libertarians insist that my person is my property, and I have exclusive rights to determine the course of its use and disposal, and further to enjoy full income gained by its use. But self-ownership is an obscure conception inasmuch as the very concept of person and the legal concept of property in themselves allow for varied interpretations. Through examining what a person is, and by noting our abilities, I divide them into two concepts, which may be called ‘intrinsic ability’ and ‘extrinsic one’. According to this division, in order to redefine self-ownership, I argue that we claim only the ‘right to integrity of person’ to the intrinsic ability, and ‘control right and restricted income right’ to extrinsic ability.