Is a Man's Reputation His Property?

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Nov 28, 2007
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In another thread, we got off-topic and started talking about this issue. So here is a thread to discuss it more.

Pericles got things started with this post:

I find this amusing because I find one of the internal conflicts of Rothbard's work on display here. The notion that the free market helps makes contracts self enforcing by reputational risk of people who acquire a reputation of breaking contracts are less desirable as players in the free market - so people will honor contracts to maintain good reputations. Thus, one might assume that reputations are valuable, and a libel does harm to someone by harming his reputation. But, Rothbard does not want to go there due to the possibility of libel laws and the conflict of my thoughts and words belong to me, so he says he pays no attention to reputation on the assumption that everybody lies about everybody else in order to obtain competitive advantage.

Ron Paul's reputation is either valuable or it isn't - which?

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To which I replied:

Ron Paul's reputation is either valuable or it isn't - which?
His reputation consists of thoughts in other people's heads. This reputation is valuable to him, definitely. But it is not his property. The thoughts of the millions of people which make up his reputation belong to the respective heads in which they reside.

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The conversation continued:

that is one view but I believe a contrary view, that one works for one's good name as hard as one works to build anything else in life, and you create a property both valuable and damageable, and Ron Paul worked harder to build a good name than did most.
Let's go with your idea, then. Let's see what it means. So, let's say I have a right to my reputation. It's my property. You can't go around destroying my property without my permission.

OK. So if a real property right exists, then it should be enforced/defended. How is a property right in other people's thoughts defended? Force them to think different thoughts. That's the only way I can think of.

So if there is a group of people which are systematically violating my rights by ceasing to think favorable thoughts about me and instead thinking unfavorable thoughts, then I have the right to make them stop, and maybe also to punish them somehow, make them pay me retribution. After all, they are destroying my property.

This seems to be the logical conclusion of saying that one literally has a property right in his reputation. If that's literally true, then that means that one owns the thoughts of other people. He owns their brains, that is. He has the right to go into their brains and root out the bad thoughts and perpetuate the good thoughts, just as he has the right to weed his backyard and plant a garden on it. His backyard spaces, other people's brains, it's all the same, it's all his property. He can do whatever he wants with them. Right?

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And continued:

What it does do is give you recourse if someone runs around telling scurrilous lies about you.
In what way has aggression been committed against me if someone runs around telling scurrilous lies about me?

Brain, no. Mouth, yes.
Are you sure? What if the culprit's mouth is saying these scurrilous lies to an empty room? If no one hears, has there still, technically, been a violation of my property rights? I mean, for practical purposes, I might not find out about it and so he won't be prosecuted, but has he violated my rights if no one listened?

If not, is it maybe the listening that causes the rights violation? If there is no one hearing and processing the information with his brain, then no harm, no foul? Then that comes back to owning brains again. Or, here's an alternative: Perhaps it must be that I own other people's conversations, and thus am allowed to police them for content. Is that what you're saying? I own the conversations?

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And wound up here:

It means different things in different contexts, however, I do believe that you build your reputation with your actions and have created something protectable that you should be able to defend from false aspersions knowingly or recklessly spread (not thoughts).
If I am wrong, tell me what is right.
 
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If one stops and thinks about it, the idea that reputation is property is laughable.
 
If I am wrong, tell me what is right.

I don't know if you're right or wrong. You ducked the question.

A corporation is able to put a dollar value on its reputation, if its a good reputation. They don't engage in thought control in order to have a reputation. But they are liable to go after someone who lies about them, in order to protect that reputation from undeserved harm. And this is something you can do as well--unless you're in politics.

Now, if you think you can do anything more to build your reputation than protect it from sabotage and be as honorable and fair in your dealings as possible, you're wrong. Or, at least, I can't think of anything more.

So, I don't know if you're right or wrong. But I do know you're silly. The new Thought Police isn't there to protect your reputation. The new Thought Police is there to arrest you for being a terrorist.

If not, is it maybe the listening that causes the rights violation? If there is no one hearing and processing the information with his brain, then no harm, no foul? Then that comes back to owning brains again. Or, here's an alternative: Perhaps it must be that I own other people's conversations, and thus am allowed to police them for content. Is that what you're saying? I own the conversations?

Correct on no harm, no foul. I've never heard of a libel or slander law that did not have a clause to that effect. And if you think you own the conversations of others, go to the bar and tell everyone that you demand they talk about the Cubs.

That should keep you out of our hair right up until you run out of teeth.
 
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Stupid bs reputation is property in SKorea AND it's not a civil case. It can involve jail time.
 
If one stops and thinks about it, the idea that reputation is property is laughable.

I disagree if you think of it as representation of fact about a person and not thoughts contained in someone's head. I agree thoughts should not be restrained.
 
My reputation in my community probably does hold some value.Do I really care what others think ? No. So , yes and no :)
 
I disagree if you think of it as representation of fact about a person and not thoughts contained in someone's head. I agree thoughts should not be restrained.
So how can one change facts about a person? If it's the facts I have a right to, how can anyone deprive me of them?
 
So how does that work? And is it based on a sound footing of respect for property rights? Does this "libel, slander, defamation" respect everyone's property?

That explains why you didn't answer the question. You don't know the answer to the question.

In the U.S. libel slander and defamation is allowed unchecked in politics but not in other aspects of life. Deliberate falsehoods shown to cause someone who is not in politics material harm is actionable in a court of law. If you want to know more, you should probably go to law school.
 
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I disagree if you think of it as representation of fact about a person and not thoughts contained in someone's head. I agree thoughts should not be restrained.

That's a freedom of speech issue. Incorrect speech should be combated with accurate speech.
 
If people misrepresent the facts they deprive you of the enjoyment of your property.
But the facts themselves remain true. They can't take that away from me. The facts are the facts.

So what I actually own, in your view, is people's perception of the facts. Is that right?
 
That's a freedom of speech issue. Incorrect speech should be combated with accurate speech.

Incorrect speech to damage a person that is false or reckless about truth imho should be actionable by the person being lied about.
 
But the facts themselves remain true. They can't take that away from me. So what I actually own, in your view, is people's perception of the facts. Is that right?


It is the FALSE AND INSULTING EXPRESSION which can be expected to change perceptions, not the perceptions themselves.
 
Incorrect speech to damage a person that is false or reckless about truth imho should be actionable by the person being lied about.

It damages the person, and indirectly, only if other people are idiots and believe something without evidence. It's a very bad assumption to write legislation assuming people are idiots. That's how authoritarianism and the nanny state are justified.
 
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