One is guilty of performative contradiction when one makes a statement which contradicts a necessary condition for making that statement. For instance, “I am dead” is a performative contradiction, because being alive is a necessary condition for speaking. Likewise, “I am not using my body” is a performative contradiction, because using one's body is a necessary condition for speaking.
In his Argumentation Ethics, Hoppe purports to justify the self-ownership principle by showing that any statement which denies the self-ownership principle is a performative contradiction. Thus he argues that “I do not own myself” is a performative contradiction, because self-ownership is a necessary condition for speaking. Herein lies the error. The ABILITY to control one's body (to move one's vocal cords, tongue, lips, etc) is a necessary condition for speaking; it does not follow that the RIGHT to control one's body (i.e. self-ownership) is necessary. Hoppe simply conflates the two concepts, control and ownership, as if they were identical. This is a species of is-ought fallacy, where Hoppe jumps from the “is” of control to the “ought” of ownership. It is a non sequitur.
This error was recognized a long time ago by prominent libertarians. Bob Murphy and Gene Callahan, for instance, wrote a lengthy criticism of Argumentation Ethics back in 2006, which addressed a number of problems including the conflation of control and ownership (which, since it's sufficient to defeat Argumentation Ethics, is the only one I'm addressing in this thread). Several Hoppeans have since responded in an attempt to defend Argumentation Ethics. Below I analyze one such response.
The argument presented above is that Hoppe isn't mistakenly equating use and ownership, because, with respect to the body, use and ownership really are the same thing. Now let's see how the author goes about trying to prove that claim.The third critique of Callahan and Murphy is probably the most complex and challenging. For providing it a satisfactory answer, it is crucial to follow attentively all its steps. In a nutshell, the critique maintains that Hoppe’s argument “confuses temporary control with rightful ownership” (Callahan and Murphy 2006, 64). Indeed there is clear distinction that all philosophers agree upon between sitting on a chair and being its owner. “One is not necessarily the rightful owner of a piece of property even if control of it is necessary in a debate over its ownership” (Callahan and Murphy 2006, 60, original emphasis). Starting from the distinction “control” versus “ownership,” Callahan and Murphy criticize Hoppe’s argument on several aspects. They immediately deduce from this distinction that self-ownership does not overlap the effective control of a body.
...Summing up this critique, Hoppe’s argument seems to be caught between Scylla and Charybdis of ethics. Either the concepts use and ownership are conflated or it is admitted that self-ownership is not a necessary condition for argumentation. Each of these alternatives would defeat Hoppe’s argument by performative contradiction.
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...
There are two senses in which a body can be controlled; (a) one can will one's own body into motion or (b) another person can exert physical control over one's body, as by grabbing it, shoving it, etc. The author fails to make this distinction, and thus he errors. The self-ownership principle regulates the second kind of control (i.e. it prohibits others from grabbing, shoving, etc one's body without one's permission). It does not concern the other type of control, i.e. one's exclusive ability to will one's body into motion. Hypothetically, if one lost ownership of one's body, that would would mean that others would have the right to grab it, shove, it etc without one's permission, not that one would lose the ability to will one's own body into motion.If one can loose 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 canceling the agent’s intentionality (free-will and conscience), i.e., by transforming her into a zombie or robot.
In addition to conflating these two kinds of control, the author's defense of Hoppe's conflation of control and ownership consists in repeating it almost verbatim. Nowhere does he explain why control and ownership are identical; he simply asserts that they are. Well, they simply aren't. To control something is not to have the right to control something. The author recognizes that this is true in general (as with chairs one sits on, e.g.), but asserts without explanation that it somehow doesn't apply in the case of the body.
For all these reasons, his argument is entirely unpersuasive. What's especially odd about it is that, if it were true that self-control just is self-ownership somehow, why even bother with performative contradiction? The justification for libertarian ethics could simply read "I alone can will my body into motion [clearly a true statement, which everyone in the world would grant], therefore I own my body." Perhaps the reason for bringing in performative contradiction is that that prior statement is so obviously a non sequitur that it wouldn't pass the laugh test if put in the spotlight; whereas, when it's only the unstated premise of a larger, seemingly more sophisticated argument, people might not notice the problem.
In any event, there the problem is, and that's why Argumentation Ethics fails. On a final note - and this should go without saying, though I'll say it anyway - I agree with Hoppe's conclusion (i.e. I am in favor of self-ownership); it's only the reasoning he uses to reach that conclusion that I'm criticizing.
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