Agnes Callard
speaker
832 appearances
3 recordings
1 series
first heard Jul 2009
last heard Jun 2020
Agnes Callard’s voice in public audio — every appearance, attributed to the second.
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Appearances
I'm Agnes Keller.
So I kinda wanna just introduce two thoughts here.
about property and see where you guys want to go with this.
So one of them is from Oliver Wendell Holmes writing in eighteen ninety seven.
He is sort of talking about like the foundations of property law and he's saying that it is rooted in a certain fact about human instinct, namely that we get attached to stuff that we hang around for a while.
So here's the quote.
It is in the nature of man's mind, a thing which you have enjoyed and used as your own for a long time, whether property or an opinion, takes root in your being and cannot be torn away without your resenting the act and trying to defend yourself however you came by it.
The law can ask no better justification than the deepest instincts of man.
So Holmes is saying, like, this is why we've got property law.
It's just like someone hangs around something for a while and it's sort of they sort of become convinced that it's part of them or who they are.
Yeah, and if you think about just one step before getting attached to the toy, it would be like Hegel thought that like the first
kind of property that you have is your own body, right?
And it's like, why think your body is yours?
It's like, well, whenever you've been around, it's been there.
You know, you just you've gotten really attached to it, um, to thinking of it as yours.
And maybe that's it, maybe that's all there is to the basic idea of property is you've just hung out with something forever.
Like as long as you can remember.
The Hegel point.
Hegel point is what's wrong with it.
If I if if we want to say that my body is my property and I find it hard
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